People v. Madera CA4/3

FACTS

The following facts are drawn from our prior opinion in this matter (Madera I) and our prior opinion in a codefendant’s appeal. (People v. Ramirez, G041265, June 4, 2010 [non pub. opn.].)

The First Incident (Ramirez) At 11:00 p.m., on December 9, 2006, 18-year-old Christopher Vossler, Ryan Miller, and two other friends were walking to their van to go home after attending a party in Garden Grove when a car containing defendant and two accomplices drove by the group and made a U-turn. Defendant, who was carrying a gun, got out of the car and started walking toward Vossler. Defendant yelled, “nobody move.” He walked up to Vossler and held the gun to Vossler’s forehead; Vossler could feel the gun touching his head. Defendant

3 asked Vossler “where you from?” Vossler understood defendant to be asking whether he was a gang member and told defendant he was not. Defendant continued to ask Vossler where he was from and Vossler kept responding that he was not a gang member. Defendant told Vossler to empty all the things out of his pockets and put them on the ground. Vossler complied, placing his wallet and cell phone on the ground. Miller emptied his pockets and dropped his cell…