People v. Baez CA4/3

FACTS AND PROCEDURAL HISTORY

A. The Trial In April 2011, defendant was indicted for murder (§ 187, subd. (a)), street terrorism (§ 186.22, subd. (a)), and four other misdemeanor counts that arose from the violation of a gang injunction (§ 166, subd. (a)(4)). Various enhancements were alleged in connection with the murder count. It was also alleged that defendant had several prior felony convictions. Defendant pled guilty to the four misdemeanor counts, while the counts for murder and street terrorism went to trial. The following summary of the evidence presented at trial is taken from our prior opinion in this case, People v. Baez (July 29, 2015, G049120) [nonpub. opn.].

1 All further undesignated statutory references are to the Penal Code.

2 “Defendant was a member of the Orange Varrio Cypress gang (OVC). Robert Reil was a shotcaller, or gang leader, of OVC . . . . [who] was married to Amour Villamar, a member of the Anaheim Travelers gang, an enemy gang. Villamar was a methamphetamine addict. “Villamar and Reil attended a New Year’s party in Orange at the house of one of Reil’s ‘homeboys,’ or gang members. They were at the party for a day or two. “On the night of the…