People v. Arias CA4/2

I. FACTUAL AND PROCEDURAL BACKGROUND

On November 3, 1990, defendant drove by a home in his neighborhood; he pulled

over because the people at the home were having a party. As a gang member, he and his

associates controlled the neighborhood, including whether people were allowed to have

a party. As defendant was talking with someone at the party, he heard a commotion;

some of his friends were fighting. Defendant ran over and started fighting as well. He

All further statutory references are to the Penal Code.

2 The facts are taken from the transcripts of the preliminary hearing held on May 13, 1991, at which an officer who had interviewed defendant twice, testified, and defendant’s parole hearing on January 8, 2015, at which defendant appeared. The People attached both transcripts to their brief and requested the court below take judicial notice of them. The court relied exclusively on the transcripts in rendering its factual findings.

2 then heard a gunshot. Defendant ran to his car, which was being driven by one of his

friends; he jumped in. They drove over to a friend’s house, where they obtained guns to

exact retaliation. They drove back to the party house; “we…