P. v. Gutierrez
Defendant Jose Robert Gutierrez was convicted of one count of murder (Pen. Code, 187), and two counts of attempted deliberate and premeditated murder ( 187/664). The crimes arose out of shootings outside of a Salinas restaurant on January 17, 2004. The jury also found true certain special allegations, including the allegation that the crimes were committed for the benefit of a criminal street gang ( 186.22, subd. (b)(1)). The court sentenced defendant to a term of 125 years to life in state prison. Defendant claims on appeal that his constitutional rights were violated by the denial of discovery of several documentary items asserted to be confidential; they were reviewed by the court in camera prior to orders denying disclosure. He also argues that the trial court abused its discretion by denying his posttrial motion for disclosure of confidential juror identifying information. Lastly, defendant claims that the court prejudicially erred by admitting gang expert testimony that he claims was irrelevant and prejudicial. Court conclude that the court did not err by denying defendants request for discovery of confidential documents. Court hold further that the denial of defendants motion for confidential juror information did not constitute an abuse of the courts discretion. Lastly, Court conclude that there was no error in the admission of gang expert testimony. Accordingly, Court affirm the judgment.
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