People v. Stewart CA4/3

FACTS

The facts are taken from People v. Stewart, supra, G053869. “On March 31, 2012, at approximately 2 p.m., a gunman approached a vehicle parked outside an apartment complex in an area of La Habra claimed by the Monos criminal street gang. Juan Yni[g]uez and Raul Martinez, both members of the Monos gang, occupied the vehicle and had the passenger side window rolled down approximately two inches. Although reluctant to discuss the shooting with the police, the victims admitted the gunman called out, ‘Where are you from,’ and then stuck the gun

1 Statutory and code references are to the Penal Code.

2 ‘through like where that little hole is’ in the lowered window. The gunman pulled the trigger either as Yniguez and Martinez fled out of the car, or after they exited it, and two bullets struck Yniguez in his shoulder and his leg. “Forensic investigators recovered Stewart’s thumb and palm prints on the outside of the front passenger window of the victims’ vehicle. An investigator explained at trial that because of the palm print’s location ‘all the way up to the top edge of the window,’ the print ‘had to be deposited while that window was rolled down’; otherwise, the rubber trim…