P. v. Barrera
After a jury trial, appellant was convicted of second degree murder with personal use of a firearm, carrying a concealed firearm with a prior misdemeanor firearms conviction, and carrying a loaded firearm. (Pen. Code, §§ 187, subd. (a); 12022.53, subd. (d); 12025, subd. (b)(1), and 12031, subd. (a)(1).)[1] The trial court sentenced him to 40 years to life in state prison. He appeals, claiming that the trial court erred in (1) instructing the jury with a modified version of CALCRIM No. 1403, an instruction regarding the jury’s consideration of gang activity, and (2) admitting into evidence the factual circumstances relating to appellant’s prior misdemeanor conviction. We find no merit in either contention, and hence affirm the conviction.
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