People v. Ortiz CA6

I. FACTS AND PROCEDURAL BACKGROUND

On March 23, 2020, at approximately 1:30 a.m., there was a disturbance at Rengstorff Park in Mountain View.1 Three men were drinking at the park when Ortiz, Muir, and another person approached them and asked if they were Sureños. Ortiz and Muir used metal clamps and beer bottles to assault the men. Ortiz, Muir, and the other person with them got into a car and drove towards two of the three victims, who were able to get out of the car’s path. Two of the victims received cuts to their heads; one was transported to the hospital due to the severity of his injuries. One of the victims identified Muir and Ortiz as two of the people who had attacked them. Varrio Mountain View is a subset of the Norteño criminal street gang. Varrio Mountain View and Mountain View Sureños are rival gangs. Muir is an active member of the Varrio Mountain View criminal street gang. Ortiz is also a member of Varrio Mountain View. At the preliminary hearing, a witness qualified as an expert in the Varrio Mountain View criminal street gang opined in response to a hypothetical question based on the facts of the offense that the crime would promote, further, or assist in…