P.

BACKGROUND

Viewed in accordance with the usual rule of appellate review (People v. Ochoa (1993) 6 Cal.4th 1199, 1206), the evidence established the following. 1. Prosecution evidence. On August 13, 2010,2 Andy Macias was living on Washington Avenue in El Monte. Around 9:00 p.m. that night, he was riding his bicycle in front of his house and socializing with friends. His brother, Danny, and a friend, Octavio Quiroz, were also there. Gunshots suddenly rang out. Andy testified the shots came from behind him and he felt a burning pain in his right side. He dropped his bicycle, stumbled across the street and collapsed in his front yard. Danny testified he saw a man who was holding a gun, and pacing back and forth. Danny then saw the gunman drive away in a Chevy Silverado truck. Danny was 50 percent sure the gunman was defendant Preciado. Quiroz testified he saw a Chevy Silverado truck parked in front of his own vehicle. After the shots were fired, Quiroz saw Preciado standing about 10 feet away from Andy. Quiroz then got into his vehicle and Preciado walked past the passenger window holding a gun. Preciado was the only person Quiroz saw with a gun that night. At trial, Quiroz…