P.

FACTS

Appellant is a self-professed member of West Trece, a Hispanic criminal street gang that claims territory in Westminster. He is also the “honorary uncle” of a West Trece member known as “Little Penguin.” Appellant and Little Penguin frequented a house located in West Trece territory. The victim in this case, Manuel Reyes, rented a room at the house but was not a gang member. He was aware, however, that appellant was affiliated with West Trece. On March 8, 2011, a dispute arose at the house when the landlady accused Little Penguin of stealing something from her. The accusation escalated into a fight between Little Penguin and the landlady‟s 15 year-old son. Reyes intervened by punching Little Penguin. Little Penguin pulled a knife, prompting Reyes to back away. At that point, Little Penguin retreated as well and the confrontation ended. The next morning, Reyes was approached on the street by appellant, who was riding a small bike. Appellant pulled out a knife and chased Reyes. Appellant told him, “You beat up my little homie so now you‟re gonna get yours.” He also threatened to “stick” Reyes and to kill him. Appellant came within five feet of Reyes but never touched him. The…