People v. Cabrillo CA2/6

Filed 2/2/16 P. v. Cabrillo CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

THE PEOPLE, 2d Crim. No. B252171 (Super. Ct. No. 2007032701) Plaintiff and Respondent, (Ventura County)

v.

PAUL CARRILLO, JR.,

Defendant and Appellant.

A jury found Paul Carrillo, Jr. guilty of first degree murder. (Pen. Code, §§ 187, subd. (a), 189.)1 The jury also found true that Carrillo was a principal in the offense and that at least one principal discharged a firearm (§ 12022.53, subds. (c) & (e)(1)), and that the firearm was discharged from a motor vehicle (§ 190.2, subd. (a)(21)). The jury also found two gang allegations true. (§§ 186.22, subd. (b)(1), 190.2, subd. (a)(1).) The trial court sentenced Carrillo to life in state prison without the possibility of parole. We strike the parole revocation fine imposed by the trial court. (§ 1202.45.) In all other respects, we affirm.

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

FACTS When Edgar Flores was a teenager, he was associated with the 12th Street Locos gang. After he married in 2004, he did not associate with any gang. His wife, Maricela, testified she never saw Flores with a gun, and they did not have one in their house. Flores and his family lived on Ferris Drive in Santa Paula. Ferris Drive is a rural road that dead ends at railroad tracks. There is little traffic on the street, and it is mainly used by people who live there. On August 24, 2007, some relatives and friends of Flores met at his home. Included in the group were Flores's brother, Ronnie, and their cousin, Victor. The men stayed in the front yard visiting with Flores. At about 3:00 p.m., Ronnie and Victor left in Victor's truck to buy some pizza to bring back to the house. As they were stopped at a traffic light, Ronnie saw a black GMC pickup truck stopped on the opposite side of the intersection. Miguel Gonzalez was driving the truck. Victor and Ronnie had known Gonzalez since childhood. Manual Rodriguez was in the passenger seat. As the trucks passed in the intersection, Rodriguez was "mad-dogging" Victor; that is, giving him threatening looks. Ronnie and Victor returned to Flores's house. At about 4:00 p.m., Carrillo entered a sporting goods store and purchased .380-caliber Winchester ammunition. The clerk put the ammunition in a Big 5 Sporting Goods plastic bag. At about 5:00 p.m., at Flores's house, the men were in the front yard eating pizza and drinking beer. The black truck drove down Ferris Drive, past Flores's house, made a U-turn and drove back. The truck stopped by Flores's driveway with the windows rolled down. Victor saw Gonzalez and Rodriguez in the truck. They asked one of the men from the party who owned the truck in the driveway, then they drove away. Victor told Flores that the men in the black truck were members of the Bad Boyz gang. Flores took his children inside the house.