P. v. Gutierrez
Defendant Marvin Anthony Gutierrez was convicted of being a felon in possession of a firearm, and street terrorism. Defendant raises a single issue on appeal whether under the conviction of count 4 as described below, there was sufficient evidence he was willfully promoting, furthering, or assisting felonious criminal conduct by the gang of which he was a member by possessing a loaded firearm in his car. We affirm. The prosecutions gang expert properly testified, based on his training and experience, that a gang benefits from a gang members possession of a loaded firearm under the facts of this case; this evidence established defendant willfully promoted, furthered, or assisted the gangs felonious criminal conduct. Therefore, sufficient evidence supported defendants conviction for street terrorism. The judgment is affirmed.
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