People v. Ramirez CA4/3

FACTS

The facts are set forth in full in our previous opinion. (Ramirez, supra, G045434.) Suffice to say that in June 2006, defendant, a member of a street gang, was a passenger in a minivan that drove past several members of another gang gathered on a sidewalk. The minivan drove past at first, and then returned. The door of the van opened

1 Subsequent statutory references are to the Penal Code. 2 Effective June 30, 2022, section 1170.95 was renumbered section 1172.6, with no change in text (Stats. 2022, ch. 58, § 10). 2 and one of the passengers fired five shots at the group on the sidewalk. Esteban Cuellar was killed and John Kelsey was injured. (Ramirez, supra, G045434.) Defendant and another man were arrested after the other man attempted to stuff a gun in a garbage can. The gun was the same gun that had been involved in the drive-by shooting. Defendant admitted being in the minivan on the night of the shootings but denied knowledge of any plan to commit the offenses. (Ramirez, supra, G045434.) Defendant was convicted of murder by means of intentionally discharging a firearm from a motor vehicle with the intent to inflict death as an active participant in a street gang. (§§…