P. v. Lopez
Noe Ramon Lopez, a West Fresno Norteo, fired several shots from a revolver into a car where Angelo Gonzales, an Eastside Fresno Bulldog, and Farrah Brown were sitting. Gonzales died. Brown suffered serious injuries. A jury found Lopez guilty of first degree murder (Pen. Code, 187, subd. (a))[1]of Gonzales and guilty of attempted murder ( 187, subd. (a), 664, subd. (a)) of Brown. In each count, the jury found true a criminal street gang allegation ( 186.22, subd. (b)(1)) and a personal and intentional discharge of a firearm causing great bodily injury or death allegation ( 12022.53, subd. (d)). The court imposed a 25-to-life term on the murder plus a 25-to-life term on the firearm enhancement and a consecutive seven-year (middle) term on the attempted murder plus a 25-to-life term on the firearm enhancement for an aggregate seven-year determinate sentence and an aggregate 75-to-life indeterminate sentence.
On appeal, Lopez raises five issues. (1) The gang experts reliance on hearsay violated his rights to confrontation and cross-examination. (2) The gang experts reliance on jail classification as evidence of gang membership violated his privilege against self-incrimination and his right to due process. (3) Buttons worn at trial by Gonzaless family members showing Gonzaless photograph violated his right to due process. (4) Denial of Lopezs motion to admit exculpatory hearsay of child eyewitnesses to show third-party culpability and to refute key prosecution identification of him as the shooter violated his rights to confrontation and due process. (5) Imposition of consecutive terms on the murder and the attempted murder violated his rights to due process and jury trial.
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