P. v. Molina
Appellant Angel A. Molina appeals from the judgment on his convictions of attempted murder, assault with a firearm, possession of a firearm by a felon and shooting at an occupied vehicle and the true findings on gang enhancement. He also challenges his sentences on the gang enhancement. Specifically, he claims that the court erred in admitting the testimony of two police officers that related to the jury a partial license plate number of the get-away vehicle. Appellant argues that because the eyewitnesses who provided the partial license plate number to police did not testify at trial the partial plate number was inadmissible hearsay and violated his right to confront his accusers under the Sixth Amendment. As to the gang enhancement, appellant argues that there was insufficient evidence to support the gang experts conclusion that the crimes were gang-related under Penal Code section 186.22. Appellants claims concerning the guilt phase of his trial lack merit. First, the court properly admitted the partial plate number provided to officers shortly after the shooting because the witness statements relating the plate number qualified as a spontaneous utterance and because the statements were non-testimonial. Furthermore, the evidence presented at trial was sufficient to show that the attempted murder was gang-related. However, the sentences on the gang enhancements on counts 1 and 2 violated Penal Code section 186.22, subdivision (b) and thus cannot stand. Accordingly, this matter is remanded to correct appellants sentence.
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