People v. Marroquin CA2/2
Opinion
Opinion
FACTS AND PROCEDURAL BACKGROUND
I. Facts
In August 1991, defendant belonged to the Bassett Grande street gang. One day that month, defendant and two other gang members drove to a part of El Monte also claimed by the Puente street gang. They saw Vincent Anthony Portillo (Portillo). They confronted Portillo, asking him, “Where are you from?” When Portillo answered “Puente” and ran away, defendant and Ernie Hernandez (Hernandez) gave chase. After a brief tussle in a nearby backyard, defendant pulled Portillo back into the street. Once there, defendant held Portillo while Hernandez struck Portillo in the head twice with a bumper jack. After Portillo collapsed to the ground, Hernandez proceeded to pound Portillo’s skull eight more times with the jack. Then they drove away. The blood that splattered their clothing, their car, and the bumper jack all belonged to Portillo. When defendant was arrested soon thereafter, he bragged to a fellow inmate that “we really fucked
All further statutory references are to the Penal Code unless otherwise indicated.
2 some dudes up.” (People v. Marroquin (July 27, 1994, B073463) [nonpub. opn.], at pp. 8-9.)