P. v. Jaimez
Defendant and appellant Ernie Gonzalez was convicted of murder (Pen. Code, § 187, subd. (a)[1]) and willful, deliberate and premeditated attempted murder (§§ 664 and 187, subdivision (a)). Defendant and appellant Angel Alez Jaimez was convicted of false imprisonment by violence (§ 236) and dissuading a witness from reporting a crime (§ 136.1, subd. (b)(1)). On appeal, both defendants contend that the trial court erred in admitting expert testimony of prior shootings among members of their gang. In addition, Gonzalez contends that the trial court violated his right to confrontation under the Sixth Amendment by admitting hearsay evidence as a basis for the testimony of prosecution’s gang expert and erred by imposing an unauthorized sentence term of “15 years to life†on his conviction for attempted murder, and that the abstract of judgment should be amended to reflect correctly the jury’s true finding on the firearm use enhancements. Jaimez contends that there is not substantial evidence to support the jury’s true findings for the gang enhancements and that the trial court erred in failing to provide him with presentence conduct credit.
We order that Gonzalez’s abstract of judgment be corrected by stating that he is sentenced on count 2 to a life term with a 15 year minimum eligible parole date, and the firearm use enhancements are imposed under section 12022.53, subdivision (d), and Jaimez’s abstract of judgment be corrected to provide that he is entitled to presentence conduct credit. We otherwise affirm the judgments.
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