P. v. Prieto
Appellant Hector Martin Prieto (Hector) is the brother of defendant Jose Prieto (Jose),[1] and a friend of defendant Jesse Robles (Robles); all three are members of the Barrio 13 street gang. Hector’s appeal is the second appeal arising out of a robbery and triple murder committed, according to Hector in order to raise money to bail the Prieto brothers’ mother out of jail.[2] In a joint trial, a jury found Hector guilty of three counts of first degree murder, one count of second degree robbery and found gang enhancements and special circumstances allegations true. On appeal, Hector contends: (1) There is insufficient credible evidence to sustain the jury’s gang enhancement and special circumstance findings; and (2) The trial court abused its discretion by admitting excessively prejudicial evidence of witness intimidation. We affirm.
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