People v. Chavez CA4/3

FACTS AND PROCEDURAL BACKGROUND

“At approximately 10:45 p.m. on August 28, 2002, Maria M[.], her cousins Leonardo R[.] and George R[.] were standing outside the home of Leonardo’s wife on Garnet Street. They were looking at stereo speakers Leonardo had brought outside. As they were talking, Medina noticed a green truck drive by, followed by a car. The vehicles passed by a second time, driving more slowly, with their headlights turned off. The truck stopped, and Medina heard a shot, and saw Leonardo grab his chest. Leonardo died from the gunshot wound later that night. “Immediately after Leonardo was shot, George got into his own vehicle and followed the truck, eventually obtaining a license plate number that he gave to the police. A records check showed the truck was registered to the father of Miguel Luna. Luna was

1 Further undesignated statutory references are to the Penal Code. 2 known to the police as ‘Big Boy’ of the La Jolla gang. The police conducted surveillance, and observed Luna leave the trailer park. He was with three or four other individuals, and he made a hand motion simulating shooting with his fingers. One of the individuals, later identified as [Chavez],…