People v. Orozco CA3

Statement of Facts The background facts are taken from our prior opinion in People v. Orozco (Jan. 4, 2012, C065146 [nonpub. opn.] (Orozco).2 Defendant and his codefendant Jose Jesus Gomez, both Norteño gang members, killed Juan Alberto Sanchez-Chavez. The killing occurred when defendant, Gomez, and two others drove to a gas station after an evening of drinking beer. Sanchez-Chavez, a Sureño gang member, encountered them at the station. After the defendant and Gomez exchanged words with Sanchez-Chavez, the three men physically fought. When Sanchez-Chavez fell to the ground, Gomez picked up a piece of wood and hit him in the head with it until it broke. Defendant picked up a 36- pound rock and dropped it on Sanchez-Chavez. Gomez picked up the victim’s phone and then drove away with defendant and the other two men. Gomez later tossed the phone away. Sanchez-Chavez died four days later of severe traumatic brain injury due to blunt force trauma to his head. (Orozco, supra, C065146.) The prosecution charged defendant, Gomez, and one of the persons accompanying them each with murder, robbery, and active participation in a criminal street gang, along with several enhancements. (Orozco,…