P. v. Gaeta
A jury convicted Christopher Gaeta (defendant) of first degree murder. (Pen. Code, 187, subd. (a).)[1] In a bifurcated proceeding, defendant admitted that he had suffered a prior conviction for a serious or violent felony under the Three Strikes law ( 1170.12, subds. (a)-(d), 667, subds. (b)-(i)), and had served a prior prison term for that conviction ( 667, subd. (a), 667.5, subd. (b)). The trial court sentenced defendant to state prison for a term of 55 years to life. On appeal, defendant contends the trial court committed prejudicial error by: (1) denying his request for a mistrial after a witness volunteered a purportedly prejudicial statement; (2) admitting evidence of defendants membership in a gang; (3) admitting evidence of one incident of domestic violence against a woman other than the victim; and (4) admitting evidence of defendants threats against his father and brother. Defendant also contends that there was insufficient evidence of deliberation and premeditation to support the first degree murder conviction. Court affirm.
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