People v. Lispier CA4/3

FACTS

“During 1994 and 1995, four members of the Central Myrtle gang were killed in the Santa Ana area. In August 1995, Lispier, a member of the gang, went to the wake of one of the gang fatalities, Lucio Hernandez. Hernandez had been shot while standing in front of Lispier’s home, a victim of a drive-by shooting allegedly perpetrated by a rival gang, the Public Vandals (PV). “Lispier left the wake with Alex Urrutia, whose brother was a member of [3] the affiliate gang of Central Myrtle. The two gang brothers left in a white van with

1 Effective June 30, 2022, Penal Code section 1170.95 was renumbered section 1172.6, with no change in text (Stats. 2022, ch. 58, § 10). All further statutory references are to the Penal Code.

2 We provide a summary of the relevant facts from this court’s prior opinion. (People v. Lispier (May 26, 1999, G020805) [nonpub. opn.] (Lispier I).) Additional factual details may be found in the prior opinion. 3 The van belonged to Gloria Canales. It was stolen from the front of her house in Santa Ana on the evening Lispier attended the wake. She recovered her van two days later and found shell casings in its interior.

2 Urrutia expressing his…