P. v. Alejandre
Filed 9/29/10 P. v. Alejandre CA1/3
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opinion has not been certified for publication or ordered published for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
FIRST
APPELLATE DISTRICT
DIVISION
THREE
THE PEOPLE,
Plaintiff and Respondent,
v.
RAMON
ALEJANDRE, JR.,
Defendant and Appellant.
A122416
(Contra Costa
County
Super. Ct. No. 0801266)
Defendant
Ramon Alejandre, Jr., appeals from his conviction of, among other crimes, first degree murder with an enhancement
for benefiting a criminal street gang.
He raises numerous issues on appeal, including several that arise out of the
testimony of the prosecution's expert witness on gang activity. We conclude
that this testimony was properly admitted and that defendant's other arguments
on appeal are also without merit. We shall therefore affirm the judgment.
Factual and
Procedural History
On
January 30, 2008, the Contra Costa
County District Attorney filed an information charging defendant with one
count of murder (Pen. Code,[1] § 187), with
enhancements for benefiting a criminal street gang (§ 186.22, subd.
(b)(l)), and discharging a firearm causing great bodily injury
(§ 12022.53, subds. (b)-(e)). Defendant was also charged with one count of
being a felon in possession of a firearm (§ 12021, subd. (a)(l)) and one count
of conspiracy to commit aggravated assault (§§ 182, subd. (a)(l),
245, subd. (a)(2)). The information also alleged that defendant suffered a
prior serious felony conviction within the meaning of sections 667, subdivision
(a)(1), and 1170.12, and that he suffered a prior prison term within the
meaning of section 667.5, subdivision (b).
The
following evidence was presented at trial:
The
account of the murder came largely from two accomplices, Roberto Garcia and
Juan Vargas.[2]
At the time of the murder in February 2007, Garcia was 20 and Vargas was 17.
They had been friends for several years. Defendant, who was 31 at the time, is
Garcia's uncle. Defendant was a senior Sureño, known as an â€
| Description | Defendant Ramon Alejandre, Jr., appeals from his conviction of, among other crimes, first degree murder with an enhancement for benefiting a criminal street gang. He raises numerous issues on appeal, including several that arise out of the testimony of the prosecution's expert witness on gang activity. We conclude that this testimony was properly admitted and that defendant's other arguments on appeal are also without merit. Court shall therefore affirm the judgment. |
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