P. v. Angulo
Defendant Mario Humberto Angulo was convicted by a jury of first degree murder (Pen. Code, 187, subd. (a)), shooting from a motor vehicle (id., 12034, subd. (d)), active participation in a criminal street gang (id., 186.22, subd. (a)), and possession of a firearm by a prohibited person (id., 12021, subd. (e)). The jury also found that, in connection with the first two offenses, a principal discharged a firearm causing great bodily injury (id., 12022.53, subds. (d)&(e)) and the crimes were committed for the benefit of a criminal street gang (id., 186.22, subd. (b)(1)). Finally, on the murder offense, the jury found defendant personally discharged a firearm (id., 12022.53, subd. (c)).
Defendant was sentenced to 25 years to life for the murder plus a consecutive term of 25 years to life on the enhancement for discharge of a firearm causing great bodily injury. He also received concurrent middle terms of two years each for the other three offenses.
Defendant appeals, contending his Confrontation Clause rights were violated when the trial court admitted testimonial hearsay on the issue of whether the crimes were committed to benefit a criminal street gang. Court find no prejudicial error and affirm the judgment.
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