P. v. Ortega CA2/8
These facts are taken from our 2004 decision affirming Ortega’s conviction. (Rodriguez, supra, B160212.) “Rodriguez and Ortega are members of the El Monte Flores gang. . . . [¶] On August 30, 2001, [at approximately 1:00 a.m.] Ortega drove Rodriguez and two other confederates in a Chevrolet Lumina. . . . Someone in Rodriguez’s vehicle shot five or six times, hitting and critically injuring Tapia.” (Id. at p. 2.)
“On August 30, 2001, at approximately 2:00 a.m., Rodriguez and Ortega were passengers in the same Chevrolet Lumina that they were in an hour earlier. Rodriguez yelled ‘Northside Bolen’ to Robert Garcia and Eva Ruiz, who were sitting outside a donut shop. Garcia responded ‘Northside Monte.’ The driver of the Chevrolet Lumina made a u-turn and Rodriguez and Ortega exited the vehicle. Garcia was shot fatally. Ortega was holding a gun.” (Rodriguez, supra, B160212 at p. 3.)
“A jury found both Ortega and Rodriguez guilty of murder and two counts of attempted mu
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