People v. Jorn CA3

FACTS

The facts of defendant’s crimes have already been briefly stated. The nature of the contentions raised in this appeal do not require us to provide greater detail with respect to the shooting incident. However, because defendant challenges the sufficiency of the evidence supporting the gang enhancements attached to counts five and six, involving the robbery and assault on R., we describe this incident in greater detail, focusing on the gang-related nature of these crimes. In May 2016, R. lived in a north Sacramento neighborhood with his girlfriend and three of her family members. He was a Norteño gang member from the Bay Area and continued associating with Norteño gang members when he moved to Sacramento a few years earlier. In addition to doing odd jobs, R. sold drugs in the neighborhood to make a living. The record is unclear with respect to whether defendant, Eales, or someone they knew, lived next door to R. But regardless of who lived there, defendant and Eales spent a lot of time there together. They were also Norteño gang members. Defendant was a member of the Varrio Diamond Sacra (VDS) subset of the Norteño gang. Eales was a member of the Varrio Garden Land (VGL)…