P. v. Hines
Dejuan Hines appeals from the judgment entered upon his convictions by jury of second degree murder (Pen. Code, 187, subd. (a))[1]and attempted murder ( 664, 187, subd (a)). The jury found to be true the gun enhancement allegation within the meaning of section 12022.53, subdivisions (b), (c) and (d) and the allegation that the crimes were committed for the benefit of, at the direction of and/or in association with a criminal street gang within the meaning of section 186.22, subdivision (b)(1)(B). The trial court sentenced appellant to a determinate prison term of 17 years plus an indeterminate term of 65 years to life. Appellant contends that (1) there is insufficient evidence to support the gang allegation, and, if the evidence is sufficient because defense counsel failed to object to inadmissible evidence, appellant suffered ineffective assistance of counsel, (2) if there is insufficient evidence to support the gang allegation, retrial of that allegation is barred by the double jeopardy clause of the Fifth Amendment to the United States Constitution and article I, section 15 of the California Constitution, by the doctrine of collateral estoppel and the doctrine of law of the case, (3) the modified version of CALCRIM No. 1401, with which the jury was instructed, was erroneous, and (4) appellant suffered ineffective assistance of counsel by virtue of his attorneys failure to object pursuant to Crawford v. Washington (2004) 541 U.S. 36 (Crawford) to the admission of documentary evidence of prior convictions of appellants fellow gang members. Court affirm.
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