P. v. Madrigal
Defendant Iscander Francisco Madrigal was convicted of first degree murder (Pen. Code,[1] § 187, subd. (a)) following a seven-day jury trial. The jury further found true the special allegations that the murder was committed to further the activities of a criminal street gang (§ 190.2, subd. (a)(22)), and that defendant personally and intentionally discharged a firearm causing death (§ 12022.53, subds. (d), (e)(1)). On appeal, defendant contends his right to confront and cross-examine witnesses was violated when the trial court allowed a gang expert to testify as to hearsay statements regarding contacts between defendant and other law enforcement officers. In addition, he claims this same testimony violated his due process rights, and further argues that any failure to preserve these issues constituted ineffective assistance of counsel. We find that any error in admitting the contested testimony was harmless beyond a reasonable doubt. Further, we conclude defendant has not demonstrated his counsel was ineffective for failing to object to additional testimony. Consequently, we affirm the judgment.
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