People v. Nava CA5

INTRODUCTION

Francisco Antonio Nava and three codefendants—Robert Ramos, Stephen Lopez, and Ruben Perez—engaged in a confrontation at a convenience market with E.D. and his girlfriend, C.A. They yelled rival gang slurs at E.D.; Lopez and Perez threw drinks into E.D. and C.A.’s car; and Lopez grabbed E.D.’s shirt and struck him in the back of the head, scratching his neck. Perez also tried to grab E.D. E.D. drove away. When E.D. stopped at an intersection, he saw a black car speeding toward him, heard two gunshots and glass breaking, and felt an impact on his car. He saw the black car on the left side of his car and a man pointing his hand out of the back passenger window. The four defendants were charged with multiple offenses in relation to the incident. At trial, the prosecution presented expert testimony on criminal street gangs, evidence of the defendants’ prior contacts with police, and certified records of convictions of Norteño gang members as proof of a pattern of gang activity to prove the street gang enhancements. The jury acquitted the four defendants of attempted murder of E.D. and C.A. (counts 1 and 2, respectively) and was deadlocked on the lesser included offense…