People v. Garcia CA2/6

Facts The facts are taken from the statement of facts at pages 2-5 of our unpublished Garcia I opinion, which was attached as “Exhibit A” to appellant’s petition: “Paso Robles 13 (Paso 13) is a criminal street gang. Mosqueda, whose moniker is ‘dreamer,’ was a past associate of Paso 13. Mosqueda was friendly with the members of Nameless Crew Style (NCS), a rival gang that was engaged in ‘warfare’ with Paso 13. . . . Paso 13 put out a ‘green light’ on Mosqueda, which meant that he was ‘free game’ to kill. [David] Rey and

2 [appellant] were members of Paso 13, and [Sergio] Ortiz associated with the gang. “ [¶] [¶] “During the evening of April 12, 1998, Reginald Calhoun went to the trailer park residence of Ortiz and [Monte] Weatherington. [Appellant and other persons were present] there. Mosqueda became the subject of conversation, and everyone was saying, ‘Hey, we want to kick dreamer’s ass.’ “Calhoun was paged by [Gregory] Vived[, Jr.]. Calhoun telephoned Vived, who said that Mosqueda was going to be at a party in Paso Robles. . . . “Calhoun, [Manuel] Preciado, and [other persons, including appellant,] drove to the Paso Robles party in three cars. Rey was the sole passenger in a…