P. v. Burghardt
Darryl Burghardt was convicted of attempted first degree murder (Pen. Code,[1] §§ 187/664); shooting at an inhabited dwelling (§ 246); two counts of assault with a firearm (§ 245, subd. (a)(2)); and misdemeanor battery (§ 242). The jury found true a gang enhancement allegation (§186.22) with respect to each felony count. Burghardt appeals, contending that (1) the convictions and gang enhancement findings must be reversed because of improper opinion testimony by the gang expert; (2) the gang enhancement findings must be vacated because the jury was improperly instructed; (3) if he forfeited his objections to the expert witness's testimony or instructional error by failing to object at trial, trial counsel was ineffective; and (4) the trial was compromised by the cumulative effect of these errors. We vacate the findings on the gang enhancement allegations but otherwise affirm.
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