P. v. Martinez
On October 21, 2004, fellow Dogs Town gang members Ramon Tolentino Martinez, Gustavo Alonso Guevara, and Erik Garibay were driving in Rubidoux in Martinezs car. They drove past a rival gang members residence and yelled out, Dogs Town. Someone in Martinezs car shot at the residence. Ricardo Rios and several other persons were outside the home at the time of the shooting. At the same time, unidentified persons in a sports utility vehicle (SUV) also called out Dogs Town and shot at the residence. Martinez, Guevara, and Garibay were stopped by the police 10 minutes later. A stolen nine millimeter handgun was found secreted behind the glove box. Martinez and Guevara were convicted of the attempted murder of Ricardo, various discharging a firearm charges, receiving stolen property, being gang members in possession of a firearm, and active participation in a gang. Court find no prejudicial error but agree with Guevara that his sentence should be modified. Since the sentence was also imposed on Martinez and was unauthorized, we also modify his sentence. Court otherwise affirm the judgment.
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