People v. Ortega CA4/3

FACTS

The following facts are taken from the transcript of Ortega's hearing before the parole board, which formed the basis of the trial court's

1 All further statutory references are to the Penal Code unless otherwise indicated.

2 ruling. In January 1988, Ortega got a telephone call from Mario,2 one of Ortega's "crimies," who asked if he could borrow Ortega's gun. Ortega told Mario he had been arrested with his gun, so he no longer had it. Mario said he had a proposition for Ortega and wanted to meet to discuss it. They met at Ortega's apartment and Mario proposed they rob the home of Luis Ramon Martinez. Mario told Ortega there would be a lot of money and cocaine at the home. Ortega was "all in" to commit the robbery. Mario recruited two other men, Andres and Julio, to help with the robbery. Julio wanted revenge on Martinez because Martinez had not paid Julio for his participation in an earlier robbery. Julio believed the money and drugs from that robbery were still at Martinez's house. The four men, Ortega, Mario, Andres, and Julio, met at Ortega's apartment the following week to plan the robbery. They agreed to commit the robbery on a…