People v. Ramirez CA2/5

I. BACKGROUND

A. The Murder2 On New Year’s Day in 1991, a feud between members of the Varrio Norwalk and Chivas criminal street gangs erupted when a Varrio Norwalk member entered Chivas territory and shot a member of the Chivas gang. Defendant—a member of the Chivas gang—and fellow gang member Anthony Lupe Chavez (Chavez) met with other Chivas members and discussed going to Varrio Norwalk territory to shoot a Varrio Norwalk member in retaliation. Defendant and Chavez stole a car and drove into Varrio Norwalk territory, with Chavez armed with a shotgun. They drove by a park known to be a gathering point for Varrio Norwalk members. Varrio Norwalk member Jordy Rodriguez (Rodriguez) saw defendant and shouted “Norwalk!” Defendant yelled

1 Undesignated statutory references that follow are to the Penal Code. 2 The background summary of the offense conduct is drawn from the opinion resolving defendant’s direct appeal. (People v. Ramirez (Dec. 14, 1993, B071160) [nonpub. opn.].)

2 back, “Fuck Norwalk, Chivas” and drove toward Rodriguez. Chavez aimed the shotgun at Rodriguez from the car and fired four or five times, killing Rodriguez. When defendant and Chavez arrived back in Chivas…