P. v. McIntosh
A jury found Robert McIntosh guilty of first degree murder based on a premeditated murder theory (Pen. Code,[1] 187, subd. (a)), and also found he committed the offense to benefit a criminal street gang and by personally discharging a firearm ( 186.22, subd. (b)(1), 12022.53, subd. (d)). The court sentenced McIntosh to prison for 50 years to life, consisting of 25 years to life for murder with consecutive 25 years to life for the gun enhancement. On appeal McIntosh contends the court erred in permitting a gang expert to respond to certain hypothetical questions pertaining to gang behavior during a shooting. Court reject this contention and affirm the judgment.
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