People v. Hernandez CA2/6

FACTS AND PROCEDURAL HISTORY

Labor Day 2006 Shooting Alvino, Lino, and Alejandro Salas belonged to the Colonia Chiques gang in Oxnard. On Labor Day in 2006, Salas asked Alvino to provide “back up” in a prescheduled fist fight between the Chiques and a local tagging group called “DSK.” Alvino agreed. He suspected the members of DSK might be armed so he retrieved two pistols: a TEC-9 with an extended clip and a Makarov 9mm. Alvino gave Lino the TEC-9 and kept the Makarov for himself. Alvino, Lino, and Salas walked to the nearby apartment complex where the fight was to occur. They saw DSK member Moises Lopez and his girlfriend Michele White getting out of a car. They followed the two into the courtyard of the complex. Moises saw the Chiques approach and called another DSK member, Richard Gonzalez, who was in an upstairs apartment.

2 We use the first names of appellants and others who

share a last name. No disrespect is intended.

2 He asked Gonzalez to come downstairs and to bring a gun. Moises’ brothers Abraham and Octavio went down first and were soon joined in the courtyard by Gonzalez, who had retrieved a pistol from a drawer. Octavio accused Lino of hiding a weapon under his…