P. v. Hayes
Defendants and appellants, Justin Tyme Hayes, Derek Shane O’Brien, and Mark Anthony Wisler, are members or associates of the Coors Skins (Coors), a White supremacist gang. On an evening in November 2008, they, among others, beat a Hispanic man into a coma. Separate juries convicted them of attempted murder, active participation in a criminal street gang, and assault by means of force likely to cause great bodily injury. Each jury also found true allegations that defendants personally inflicted great bodily injury and that the crimes were committed for the benefit of, at the direction of, or in association with a criminal street gang. Wisler’s jury found true the allegation that the attempted murder was premeditated and deliberate; Hayes’s jury and O’Brien’s jury found the same allegation not true. Hayes and O’Brien were each sentenced to prison for 22 years 8 months. Wisler was sentenced to a prison term of 21 years to life.
Each defendant contends (or joins in the contentions of his codefendants) that the court erred by: (1) denying a motion to sever the gang participation count and bifurcate the trial of the gang enhancement allegations; (2) allowing a gang expert to testify as to allegedly inflammatory gang-related evidence; (3) instructing the jury on aiding and abetting and the natural and probable consequences doctrine; and (4) failing to stay the sentence on the gang participation conviction under Penal Code section 654.[1] In addition, Wisler contends the evidence was insufficient to support his jury’s finding of premeditation and deliberation. We agree with defendants (and the Attorney General) that the court should have stayed the sentence on the conviction for active gang participation. We reject defendants’ other arguments and affirm the convictions.
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