People v. Cortes CA4/2

I.

INTRODUCTION

Defendant and appellant Ruben Cortes was convicted and sentenced to life

without the possibility of parole, plus several additional prison terms, for two counts of

murder, two counts of attempted murder, and several gang and firearm enhancements.

He contends the trial court prejudicially denied his motion for a mistrial and that the

prosecutor committed prejudicial misconduct. We disagree and affirm the judgment.

II.

FACTUAL AND PROCEDURAL BACKGROUND

F.O. was driving when he was approached by another car with several occupants,

including defendant, began displaying West Side Riva gang signs. Defendant told the

other occupants to “hit this fool,” referring to F.O. Defendant and the others began

threatening F.O. and accused him of being a snitch.

F.O. pulled into a parking lot, but the other car followed him. Defendant handed

his gun to Joseph S. and urged him to shoot F.O. Joseph fired five shots, hitting F.O.’s

car only once. F.O. fled the scene and reported the incident to the police.

Less than a year later, T.H., who has no ties to any gang, threw a party to celebrate

a friend’s birthday. She asked her brother, N.A., to provide security, check…