P. v. Perez
Appellant and his fellow gang member, Carlos Nava, stood in the street and blocked the vehicle driven by Louis Alberto Zamora. They challenged Zamora to fight them. As Zamora watched appellant throw gang signs, Nava pulled out a gun and shot Zamora in the head and body. Zamora was severely injured but survived. We recently affirmed Navas conviction. Appellant had a separate trial. He was convicted of attempted premeditated murder (count 1) and shooting at an occupied motor vehicle (count 2), with findings that the offense was committed for the benefit of a criminal street gang, and a principal intentionally discharged a firearm, causing great bodily injury. He was sentenced on count 1 to life with the possibility of parole, plus 25 years to life for the firearms enhancement. Count 2 was stayed (Pen. Code, 654). One of the courts orders requires appellant to pay $2,543.13 in attorney fees. Appellant contends: (1) His constitutional right to a public trial was violated when the trial court excluded his two male cousins from the courtroom during the testimony of an eyewitness. (2) If that issue was waived for lack of an objection, he received ineffective assistance of counsel. (3) There were prejudicial errors in the instructions on aiding and abetting. (4) The evidence was insufficient to support his conviction. (5) The trial court erroneously denied his posttrial motion to substitute counsel under People v. Marsden (1970) 2 Cal.3d 118 (Marsden). (6) This court must review for error the in camera proceedings that occurred pursuant to Pitchess v. Superior Court (1974) 11 Cal.3d 531 (Pitchess). (7) He should not have been ordered to reimburse the cost of his defense. Respondent concedes the need for a remand for a hearing on appellants ability to pay for counsel. Court remand on that issue, and otherwise affirm.
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