P. v. Perez CA5
Ruben Yabet Perez and three codefendants—Robert Ramos, Francisco Nava, and Stephen Lopez—engaged in a confrontation at a convenience store with E.D. and his girlfriend, C.A. The defendants yelled rival gang slurs at E.D.; Perez and Lopez threw drinks into E.D. and C.A.’s car; and Lopez grabbed E.D.’s shirt and struck him in the back of the head, scratching his neck. Perez also tried to grab E.D. E.D. drove away. E.D. saw a black car speeding toward him, heard two gunshots and glass breaking, and felt an impact on his car. He saw the black car on the left side of his car and the back passenger window rolled down.
The four defendants were charged with multiple offenses in relation to the incident. At trial, the prosecution presented expert testimony on street gangs, evidence of the defendants’ prior contacts with the police, and certified records of convictions of Norteño gang members as evidence of a pattern of gang activity to prove the street gang enhancements.
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