People v. Superior Court (Quinteros)

In People v. Superior Court (Quinteros) (1993) 13 Cal.App.4th 12, the defendant was charged with murder, conspiracy, and assault. He and two other codefendants were members of a gang. The scene of the incident was a state beach in gang territory. The victim had an altercation with the defendant inside a restroom, during which the defendant issued a "standard gang challenge," informing the victim that he had intruded into gang territory. ( Id. at p. 18.) After the fight, the defendant whistled and beckoned for the other gang members, and told them what had happened. One of the coconspirators said, "let's go get him." The defendant bashed the victim's vehicle windows while other gang members beat the victim, killing him. The trial court granted the defendant's Penal Code section 995 motion to dismiss the charges, but the Court of Appeal issued a writ vacating the order. The court found "abundant" evidence of a conspiratorial agreement. ( Id. at p. 21.)