People v. Solorio CA4/3

FACTS

The facts are taken from the prior nonpublished opinion, People v. Solorio (Jan. 28, 2011, G042192) (Solorio). As relevant to this appeal, Solorio, a “Tiny Surenos” gang member, attended a house party with a group of friends, including his girlfriend Lilia Gutierrez and Tiny Surenos gang members Adrian Vega and Enrique Vega. Solorio had a handgun. (Ibid.) When Solorio learned only males were being searched for weapons before entering the party, he gave the gun to Gutierrez. After entering the party, Solorio retrieved his gun from her. Solorio and his friends went to the backyard where they drank and danced for hours. (Solorio, supra, G042192.) Jesse Sanchez and other members of “Westside Los Compadres” gang also attended the party. Sanchez began “mad dogging” Solorio and his friends. Solorio and Sanchez argued before Solorio fatally shot Sanchez. (Solorio, supra, G042192.) Solorio asserted he acted in self-defense after Sanchez initially fired a gunshot at him but missed. The prosecution and Solorio offered conflicting evidence on whether Sanchez had a gun when Solorio shot him. (Solorio, supra, G042192.) As relevant here, the jury convicted Solorio of first degree murder…