P. v. Guerra
Defendant Abraham Guerra appeals from a judgment after a jury convicted him of (1) assaulting Taurus Livingston (Pen. Code,[1] § 245, subd. (a)(2)), while personally using a firearm (§ 12022.5, subd. (a)), (2) discharging a firearm with gross negligence (§ 246.3, subd. (a)), and (3) carrying an unregistered concealed and loaded firearm (former §§ 12025, subds. (a), (b)(6), 12031, subd. (a)(1)[2]). The jury found not true an allegation that defendant personally inflicted great bodily injury on Livingston. After denying defendant’s motion for a new trial, the court sentenced him to state prison for an aggregate term of eight years. On appeal defendant challenges the admission of gang evidence, the court’s instruction on gang evidence, and the prosecutor’s rebuttal remarks during closing argument. We affirm.
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