People v. Diaz CA2/3

FACTS AND PROCEDURAL BACKGROUND

1. The Trial a. The crimes2 The People charged Diaz with the murder of Hector Quevado (§ 187, subd. (a)) and the attempted second degree robbery of a different victim (§§ 211, 664). The People also alleged gang and firearm enhancements (§§ 186.22, subd. (b)(1), 12022.53, subds. (d), (e)(1)). At trial, the People presented evidence that Diaz, Abel Lopez, and Modesto Torres were members or associates of the “Crazies” gang, with the monikers “Lonely,” “Snoopy,” and “Chato,” respectively. On October 30, 2001, Torres was walking home when he saw Diaz and Lopez in a stolen white Toyota Camry. Both Diaz and Lopez were 19 years old at the time. Lopez was driving

References to statutes are to the Penal Code. Effective June 30, 2022, former section 1170.95 was renumbered to section 1172.6 with no change in text. (Stats. 2022, ch. 58, § 10.) We take our statement of facts from the testimony at Diaz’s trial. We previously granted the Attorney General’s Request for Judicial Notice of the reporters’ and clerk’s transcripts from the trial.

2 and Diaz was in the front passenger’s seat. Diaz and Lopez invited Torres to drive around with them, and…