In re M.R. CA1/2

BACKGROUND

In People v. Aguilera (Oct. 2, 2015, A140128) 2015 WL 5773296 [nonpub. opn.] (Aguilera), we summarized the events of July 30 and 31, 2008, when M.R. was 15 years old, as shown by the evidence at trial as follows: “[Rony] Aguilera and [M.R.] were members of the MS–13 gang. MS stands for Mara Salvatrucha, a reference to El Salvador; 13 represents MS– 13’s affiliation with Sureño. On July 30, 2008, the father of MS–13 gang member ‘Pistolit[o]’ (Pistolit[o]) was shot by a member of the Norteño, a rival gang, and some MS–13 gang members quickly met to plot revenge. The MS– 13 members who met included Aguilera, [M.R.], Acosta, Cesar Alvarado (‘Momia’), Walter Chinchilla (‘Demonio’), and Pistolit[o]. “Some specifics concerning the revenge meeting were confirmed by the testimony of Jose (‘Chiqui’) Espinal, another MS–13 gang member, who testified in exchange for a letter of recommendation to the federal judge before whom Espinal had pleaded guilty to five charges. Espinal testified that in 2008 Pistolit[o]’s father was shot during a confrontation with rivals who sold fake green cards in the Mission District. When MS–13 gang members learned that Pistolit[o]’s father had been…