P.
P. v. Carvajal CA2/8
Opinion
Opinion
Flier, J.
FACTS AND PROCEDURE
Because defendant raises only a sentencing issue, we describe the facts only briefly (People v. McNeely (1994) 28 Cal.App.4th 739, 742), interpreting them in the light most favorable to the verdict (People v. Halvorsen (2007) 42 Cal.4th 379, 419). Defendant was a member of the Midtown Criminals street gang. Arturo Gonzalez was a member of a rival gang and lived next door to L.G.‟s mother. On August 27, 2010, defendant and two companions drove by Gonzalez‟s home and shouted at Gonzalez, who was outside. Someone in the car yelled “fuck cookie monsters,” a derogatory reference to Gonzalez‟s gang. Gonzalez fled because he was worried about being shot. Gonzalez told a deputy sheriff after the incident that defendant pointed a gun at him but denied that at trial. Meanwhile, L.G., her boyfriend A.H., and others were outside L.G.‟s mother‟s home when defendant drove by the home. L.G. saw defendant get out of a car driven by someone else and shoot a shotgun at least twice in the direction of L.G. and A.H. A.H. fled. L.G. recognized defendant because she had seen him earlier that evening at a gas
All undesignated statutory citations are to the Penal Code.