People v. Gonzalez CA6

I. FACTUAL AND PROCEDURAL BACKGROUND2

In August 1998, Hugo Ochoa and Samsun Lara were riding Lara’s bike home in Salinas. As they rode, a red Chevrolet pickup truck drove past them going in the same direction. Moments later, two males walked towards them and asked about their gang affiliation. Ochoa responded, “nothing.” The men said something, drew guns, and shot Ochoa and Lara. One assailant shot at least five rounds from a .45-caliber handgun; the other shot at least four rounds from a .380-caliber handgun. Ochoa was shot six times and survived. Lara was hit three times and died. A resident heard a motor and gunshots “[a]lmost simultaneously.” The resident saw a red Chevrolet pickup truck pass by with its headlights off. Salinas police began to look for a red Chevrolet pickup truck. About 20 minutes after the shooting, defendant was found driving a red Chevrolet pickup truck. An officer observed defendant drop off a passenger and continue driving. It was later established that the truck belonged to defendant’s stepfather.

2 We take the facts from our opinion in the appeal from the original judgment. On our own motion, we take judicial notice of that prior opinion. (Evid.…