P. v. Mota-Avendano CA1/2
Mota was charged with two codefendants (Javier Gomez and Gamaliel Elizalde) with the murder of Rico McIntosh (§ 187; count 1), conspiracy to commit murder and assault with a deadly weapon (§§ 182, subd. (a)(1), 187, 245, subd. (a)(1); count 2), active participation in a criminal street gang (§ 182.5; count 3), the murder of Antonio Centron (§ 187; count 4), and the murder of Luis Perez (ibid.; count 5).
As recounted by our Supreme Court, “Briefly, the facts supporting [Mota’s] convictions are as follows: [¶] Varrio Frontero Loco (VFL) is a subgroup of the Sureño criminal street gang and is active in Contra Costa County. Three witnesses who knew Mota testified he belonged to VFL . . . .
“In 2007, Gamaliel Elizalde rose to power in VFL when another leader fled after committing a murder. Thereafter, the VFL organization began to deteriorate.
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