P.

FACTS AND PROCEDURAL BACKGROUND

1. The People’s case in chief. a. The shooting. Shortly after noon on October 2, 2008, Joey Chavez and his girlfriend, Stephanie Renteria, both 17 years old, were walking on Avenue 58 in Highland Park with 16-year-old Adrian Betancor. Juan Velasquez, age 17 years, his girlfriend and their infant daughter were walking a short distance behind them with Renteria’s sister and two nieces. Velasquez saw a suspicious brown vehicle, telephoned Chavez and warned him of its approach.

1 Former Penal Code section 12101, subdivision (a)(1) was repealed and reenacted without substantive change as Penal Code section 29610. (See Stats. 2010, ch. 711 (S.B. 1080), § 6, operative Jan. 1, 2012.) 2 Velasquez and Chavez testified they are like brothers; Velasquez’s mother is Chavez’s legal guardian. 2 Chavez testified a white car reversed to where he was walking with Betancor and Renteria. Turner, the passenger in the white car, asked Chavez and Betancor where they were from. Chavez replied, “South Central Ghetto Boys,” a gang that was not active in the area. Betancor said, “OCK.” Turner responded, “Fuck OCK,” then said “Avenues,” and “started shooting” with a…