P. v. Rayos CA2/8
We review this appeal pursuant to People v. Wende (1979) 25 Cal.3d 436.
On March 10, 2010, a jury convicted appellant of first degree murder with a true finding of a criminal street gang enhancement. The evidence adduced at trial was that appellant, among others, stood on the street watching a fight between enemy gang members, one of whom was appellant’s boyfriend, Cesar Otero. Cesar’s little brother, Julio Otero, ran towards the scene of the fight, where he paused briefly. Appellant handed an object to Julio who then rushed forward and began fighting with a rival gang member, whom he struck on the temple. Blood gushed from the victim’s head; he fell to the ground and later died from a stab wound, which penetrated his brain. The wound was inflicted with a sharp object, such as a screwdriver or ice-pick. One witness testified he saw Julio get a “pointy thing” from appellant before he started fighting the victim. The object was metal and had a point.
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