This section contains the nature of the case and procedural background.

Ds were members of La Posada Trece (LPT), a Sureño gang subset operating in Salinas. Anyone who wished to join LPT was required to commit a shooting. Arellano was an 'up and coming' LPT gang member. On April 14, 2016, Serrano (D) texted Arellano that he would soon be a full-fledged member of LPT. Various exchanges were made and guns were obtained. On the evening of April 18, Doe went outside his apartment to play cards with his cousin. The parties noticed a 'light silver' GMC Denali drive slowly by the carport. Soon thereafter, the men heard what they initially thought were fireworks. They heard around 20 shots which he thought came from different guns. Doe was shot twice and fell to the ground as the other men ran for cover. No one else was hit by the gunfire and none of the men saw the shooters. The parties called 911. Doe was taken to the hospital and underwent surgery. At the time of trial, Doe could not lift one of his legs as well as before and walked with a limp. Video surveillance footage showed three people walking on the sidewalk toward the main entrance of the apartment complex. When they were on the driveway of the complex, they 'opened fire' before running away. Police collected a total of 23 bullet casings as well as bullet fragments in and around the carport. The bullets were fired from three different weapons, two of which used nine-millimeter ammunition and one which used .40 caliber ammunition. On April 27, Serrano (D) was pulled over by Salinas police officers based on a report of a 'suspicious vehicle.' One of the officers saw the grip of a handgun in the pocket behind the front passenger seat. Officers retrieved the weapon, a Daewoo Lionheart LH9C 9-millimeter pistol. Subsequent ballistics testing showed that the gun had been fired at the April 18 shooting. Officers also seized Serrano's (D) cell phone from the vehicle. Two days later, on April 29, Ceja (D) was pulled over in a traffic stop and a loaded .40 caliber Glock 23 was found between the driver's seat and the center console. The officer also found a loaded magazine inside the center console. Ballistics testing showed that this gun had also been fired at the April 18 shooting. Police obtained warrants to seize and search Ds' cell phones. Police also obtained records from their respective cell service providers in order to map the radio frequency signals of their cell phones. On March 25, Serrano (D) filmed a video of himself rapping about shooting Norteño gang members, referring to them as 'busters,' a derogatory term for Norteños used by Sureños. His lyrics also referenced LPT. Police also examined Serrano's (D) internet search history for April 18 and after. About an hour-and-a-half after the shooting, Serrano searched the internet for 'Salinas, California, latest news.' At 7:37 a.m. on April 19, Serrano viewed an article entitled, ''Man shot multiple times on North Main Street in Salinas.'' He viewed two other articles describing the shooting, one on a site entitled 'KION Right Now' and another on a site called 'The Californian.' Ds were charged with three counts of attempted murder, three counts of assault with a semiautomatic firearm, one count of shooting at an inhabited dwelling, and one count of participation in a criminal street gang. P brought an in-limine motion seeking to introduce a video from Serrano's (D) phone that he created three weeks prior to the April 18 shooting. P argued the video was probative of Serrano's state of mind and intent, as well as his association with LPT. Serrano (D) objected because the amount of time that elapsed between its creation and the shooting reduced its probative value, in gangster rap culture, the lyrics and themes are commonplace and thus had no nexus to the shooting, and Serrano (D) did not disseminate the video. Serrano (D) argued the video was unduly prejudicial and inflammatory. The court admitted the video, stating that it 'is highly probative' and not unduly prejudicial. The rap video was played for the jury. In both her opening and final arguments, the prosecutor referenced the video and its lyrics several times. A jury convicted Serrano (D) and Ceja (D) of attempted murder and other crimes arising out of a gang-related shooting. Serrano (D) appealed. Serrano (D) argues in part that the trial court erred in allowing the prosecution to admit a video from his cell phone in which he 'raps' about gang life in LPT.

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