People v. Baylon CA4/2

I. BACKGROUND

One night in 2015, Diana Cruz was sleeping in her living room when Mario

Sanchez woke her up. Sanchez struck Cruz on the head with a pistol, and when Cruz

stood up, Sanchez struck her with the pistol again.

1 Undesignated statutory references are to the Penal Code.

2 Stephen Aguirre, Cruz’s boyfriend, was sleeping in the bedroom. He opened the

door and saw Sanchez along with Baylon in the living room. Aguirre knew the two, as in

the past Sanchez and Baylon would sometimes go to Aguirre’s house to “kick[] back”

and smoke marijuana. Aguirre had also sold them marijuana on occasion. Aguirre knew

Sanchez to be a member of the VIR gang.

Sanchez demanded that Aguirre hand over marijuana and money. Aguirre

resisted, and Baylon shot Aguirre in the chest. Aguirre turned to reach for a baseball bat

and was shot again. Sanchez grabbed Aguirre and told him: “This is what you get for 2 dealing with our enemies from . . . nut sack . . . Campo-rachas . . . and booya town.”

Aguirre understood this to mean that he “had no business selling to their enemies.”

Sanchez then struck Aguirre in the head with a pistol. Baylon and Sanchez took

marijuana, a cell phone, and $100…