In re Lopez CA3

I. BACKGROUND

A. Evidence at Trial3 Jose, a member of the Howe Park Surenos, was driving through North Sacramento on the evening of February 5, 2007. He stopped at a traffic signal, and three young men on bicycles approached his car. One of the men produced a gun and began firing. Jose

3 We derive the factual background in this case from the record in People v. Lopez, case No. C099099, of which we take judicial notice.

2 managed to drive away; however, a bullet struck his car’s rear window, and Jose was in turn struck in the shoulder with shattered glass. Jose drove to the home of Juan, another member of the Howe Park Surenos.4 Other gang members—including Pacheco, Garcia, and petitioner—arrived shortly thereafter. Jose told the group he had been fired upon by three Nortenos in Gardenland, a neighborhood associated with the Nortenos. Pacheco wanted revenge and said, “ ‘Let’s go get them.’ ” The group started making plans. They discussed the possibility of driving to Gardenland in a stolen car to avoid recognition. They considered postponing the mission for a couple of days to catch their rivals unaware. They also discussed the need to get a gun. Pacheco and Garcia left the…