People v. Perez CA2/2

FACTS AND PROCEDURAL BACKGROUND

I. Facts2

A. The underlying crimes In the early morning hours of September 1, 2012, Perez, Ruiz, and another gang member punched and kicked a rival gang member, Julio Mejia (Mejia), until he was on the ground, and then continued to stomp on his head and body. Blood was

1 Effective June 30, 2022, section 1170.95 was renumbered section 1172.6, with no change in text (Stats. 2022, ch. 58, § 10). For the sake of simplicity, we will refer to the section by its new numbering only. All further statutory references are to the Penal Code unless otherwise indicated.

2 We draw these facts from our prior, unpublished appellate opinion affirming defendants’ convictions. (People v. Perez et al. (Mar. 6, 2017, B269704) [nonpub. opn.].)

2 everywhere. Perez and Ruiz placed Mejia’s limp body in a trash can and wheeled him down the street to an empty lot where Miguel Barajas (Barajas) and other fellow gang members hung out. Perez carved one of their gang symbols—the letter “V”—into Mejia’s chest by making 10 cuts with a sharp object. Perez and Ruiz then walked away, leaving Mejia moaning in a pool of his own blood. Barajas decided to “clean[ ] up…