People v. Baca CA3

BACKGROUND

The Underlying Murder and Attempted Murder We take the factual description of the events underlying defendant’s convictions from our analysis finding sufficient corroboration of accomplice testimony as recounted in our previous unpublished appellate opinion. (Baca, supra, C043828.) “After finishing work at his family’s restaurant about 7:00 p.m., [Anthony] Garnica [the murder victim] and his coworker, [L.W.] [the assault victim], walked to a Quik Stop market, where they met another friend, [J.A.] Garnica’s girlfriend, their son, and another child drove into the lot. Garnica gave his girlfriend money to buy alcohol. As she did what she was told, she encountered [J.M.], [Rocky] Gonzales [a codefendant], and defendant, one of whom spoke to her and thus provoked Garnica. He stated, “ ‘Shut up, she’s mines [sic].’ ” [J.M.] retorted, “ ‘Who the fuck you telling to shut up?’ ” He also asked Garnica if he was a “scrap,” a derogatory gang term referring to members of a Hispanic gang associated with Southern California. At some point, [J.M.] grabbed the beer bottle Garnica was holding. Eventually, [J.M.] apologized to Garnica for approaching his girlfriend and the two of them…