People v. Cruz CA4/3

FACTS

Alfredo Aquino drove fellow gang member Cruz into rival gang territory. When Aquino stopped the car, Cruz got out and fired a gun several times at men who he thought were rival gang members. One of the bullets struck nine-year-old X.M., who was playing in front of her apartment with her two younger sisters. When her Father

1 Because Cruz’s appeal implicates the substantial evidence standard of review, we state the facts in the light most favorable to the judgment. (People v. Jennings (2010) 50 Cal.4th 616, 638.)

2 began to run outside, X.M. walked through the front door holding her two younger sisters to protect them. X.M.’s father held his unresponsive and bleeding daughter as she passed away. 2 An information charged Cruz, and Aquino, with the following: murder for a criminal street gang (Pen. Code, §§ 187, subd. (a), 186.22, subd. (b)(4), 190.2, subd. (a)(22), all further statutory references are to the Penal Code) (count 1); the gang offense (§ 186.22, subd. (a)) (count 2); possession of a firearm by a felon (§ 29800, subd. (a)(1)) (count 3); and possession of a firearm on school grounds (§ 626.9, subd. (b)) (count 4). As to count 1, the information alleged Cruz was a…