P. v. Rodriguez
Luis J. Rodriguez was convicted of one count of first degree murder and the jury also returned true findings on gang and weapons enhancements. Before this court appellant challenges only the jurys true finding on the gang enhancement. Specifically he argues that there was insufficient evidence that the charged crime was committed: (1) by a criminal street gang as the term is defined under Penal Code section 186.22, subdivisions (e), (f);[1]or (2) for the benefit or in association with a gang. Appellant further claims that the enhancement cannot stand because the court erred in allowing the gang expert to exceed the scope of proper expert testimony in opining on the ultimate issue of appellants intent. Finally, appellant claims that the murder was not committed with the specific intent to promote, further or assist the gang in committing additional criminal activity. Appellants claims lack merit. First, the prosecution presented sufficient evidence that appellants gang has as one of its primary activities the commission of crimes enumerated in section 186.22, subdivision (e), and that it has engaged in a pattern of criminal gang activity. Furthermore, the evidence presented at trial was sufficient to show that the murder was gang-related and the testimony and opinions offered by the expert were not beyond the scope of testimony gang experts have been traditionally permitted to give, and were appropriate to aid the lay jury in understanding the evidence. Finally, under California law, the prosecutor was not required to present proof that the murder was committed to further or promote future gang activities. Consequently, Court affirm.
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