              FACTS
Prosecution Case
       The shooting
       On Friday, August 14, 2009, Jimenez had been dating his girlfriend, Monica
Arriaga (Arriaga), for two months. They were members of a gang called Playboys. On
the street, Jimenez went by the name Minor. That evening, they went to a party in


1
       All further statutory references are to the Penal Code unless otherwise indicated.
2
       The kite was a jailhouse note found on Oscar Dominguez (Dominguez) while he
was in jail awaiting trial as Leiva’s codefendant. The case against him resulted in a
mistrial. Subsequently, he was retried and convicted ofbeing an accessory after the fact
to Jimenez’s murder.

                                                2
Compton, where Jimenez drank liquor and beer. At about 3:00 a.m., a friend dropped
them off at 51st Street and Towne near South Park. That area is considered Playboys
territory.
       After sitting at South Park for about 30 minutes, Jimenez and Arriaga left and
started walking home. They took an alley and headed toward 52nd Street. At the end of
the alley, they encountered two men. The man on the left,