People v. Flores CA4/2

I. FACTUAL AND PROCEDURAL BACKGROUND

According to the testimony presented at a joint preliminary hearing as to both

defendant and his brother, around 50 to 75 young adults gathered in a parking lot on

July 13, 1981, for a party. Defendant and his brother were present; defendant got into a

fight.

Defendant, with this brother in the car, later jumped their vehicle up onto the grass

and began to peel out. A number of the partygoers were angered at the brothers’

behavior and started yelling at them. One of them took the keys from the vehicle;

defendant started hitting him; defendant kicked someone in the mouth; ten people

eventually began beating on defendant. The brothers eventually took off in their vehicle.

At some point, the brothers returned. Defendant’s brother had a rifle with which

he began shooting people. Defendant’s brother said, “ ‘I am going to kill all of you[ ]

mother-fuckers.’ ” Four people were shot. Three died of gunshot wounds.

1 All further statutory references are to the Penal Code. Effective June 30, 2022, Assembly Bill No. 200 (2021-2022 Reg. Sess.) amended and renumbered section 1170.95 as section 1172.6. (Stats. 2022, ch. 58, § 10.)

2 Defendant…