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FACTS

At approximately 3:00 p.m. on October 27, 2008, Miguel Flores, Martin Barbosa, and Martin’s brother Everardo Barbosa2 were standing across the street from Palmdale High School. Flores saw a large SUV make a U-turn and come back toward the trio. The SUV pulled up and stopped right next to Flores and the Barbosas. The windows of the SUV were open. The driver and front seat passenger were Hispanic males approximately

All further statutory references are to the Penal Code unless otherwise indicated. We refer to Martin Barbosa and Everardo Barbosa by their first names to avoid confusion, not out of disrespect.

2 16 to 18 years old. Someone in the SUV asked “where you from” and Everardo, who was a member of the Crooks 13 or CKS gang, replied “CKS.” Someone in the SUV yelled “Lancas” and a shooting occurred. Everardo got shot from inside the SUV and died from a gunshot wound that damaged his heart. Neither Flores nor Martin was shot. At the time of the shooting, Everardo was standing four to 10 feet from the shooter. Flores was standing approximately 13 feet from the shooter and about a foot to the side of Everardo. Martin was behind Everardo and Flores,…