P. v. Zuniga
A jury found defendant guilty of first degree murder (Pen. Code, 187, subd. (a))[1](count 1) and discharge of a firearm at an occupied motor vehicle ( 246) (count 2). The jury also found true the special circumstance allegations that defendant intentionally discharged a firearm from a motor vehicle ( 190.2, subd. (a)(21)) in the commission of count 1 and that defendant discharged a firearm causing great bodily injury or death ( 12022.53, subd. (d)) in the commission of counts 1 and 2. As to count 1, defendant was sentenced to life without the possibility of parole plus 25 years to life for the great bodily injury enhancement; as to count 2, defendant was sentenced to five years plus 25 years to life, to run concurrently with count 1. On appeal, defendant contends the trial court prejudicially erred in admitting evidence of his gang moniker, gang membership, and uncharged bad acts. Court reject this contention and affirm the judgment.
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