P. v. Karlson
A jury convicted Daniel Kenric Karlson of second degree murder (Pen. Code,[1]
§ 187, subd. (a)); shooting a firearm in a grossly negligent manner (§ 246.3); being a felon in possession of a firearm (§ 12021, subd. (a)(1)) and in possession of ammunition (§ 12316, subd. (b)(1)); and participation in a criminal street gang (§ 186.22, subd. (a)). The jury found true allegations that as to the murder conviction, Karlson personally and intentionally discharged a firearm, causing death (§ 12022.53, subd. (d)); and as to the negligent discharge of a firearm conviction, he personally used a firearm (§ 12022.5, subd. (a)). The court sentenced Karlson to a 44-year-four-month-to-life prison term.
Karlson challenges his conviction for actively participating in a criminal gang, alleging: (1) because the court erroneously denied his section 995 motion to dismiss the charge, extensive gang evidence was admitted against him thus violating his federal due process right to a fair trial; and (2) there was insufficient evidence to support that conviction. He further contends his conviction for discharging a firearm in a grossly negligent manner must be reversed because uncontroverted evidence showed he was acting in self-defense. We affirm.
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