P. v. Vela
Carlos Vela appeals from the judgment imposed after a jury convicted him of first degree murder (Pen. Code, 187; undesignated section references are to that code). The jury also found that appellant personally used and discharged a firearm, causing death ( 12022.53, subds. (b)-(d)), and that he committed the offense for the benefit of a criminal street gang, with intent to further criminal conduct by gang members ( 186.22, subd. (b)(1)). Appellant was sentenced to a term of 50 years to life, with a minimum of 15 years before eligibility for parole, under section 186.22, subdivision (b)(5). The jury acquitted him of a further charge of attempted murder ( 664/187). Appellant contends that it was prejudicial error to instruct the jury that the defining primary activities of a street gang could include commission of certain offenses not specified in section 186.22, subdivisions (e) and (f). Although the instructions did refer to some partly unqualified offenses, Court conclude that the error was harmless, and Court affirm the judgment.
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