People v. Cerda CA2/3

BACKGROUND

I. Prosecution evidence1

Two shootings occurred on the evening of February 8, 2008, the first at Katrina Place and the second at Morning Circle, both in Palmdale.

Our summary of the facts underlying the crimes is largely as stated in our vacated 2020 opinion.

2 A. The Katrina Place shooting (counts 1–14) On February 8, 2008, 14-year-old Robert E.2 was at his house on Katrina Place. He was with his mother, Luz E., his sisters, Mayra E. and Christina E., and his brothers, including 12-year-old Francisco E. They were throwing a party at the house. Later in the evening, Robert E. heard gunshots while he was in the garage with Ricardo R., his sister’s friend. Robert E. heard something hit an area immediately next to him. Upon hearing the gunshots, he ducked and crawled into the house. He heard about 10 shots rapidly fire. Ricardo R. heard about 15 shots. The garage door was closed at the time. Francisco E. was sitting at a dining room table with other family members and friends, including Gerardo Salazar, Mayra E., Stephanie R., Adriana R., Denise F., and Liz S. Windows to the dining room were located between the front door of the house and the garage. The dining…