P. v. Ahumada
A jury convicted defendant and appellant Marcos Ahumada of criminal threats (Pen. Code, § 422) (count 1); assault with a firearm (Pen. Code, § 245, subd. (b)) (count 2); carjacking (Pen. Code, § 215, subd. (a)) (count 3); evading a peace officer (Veh. Code, § 2800.2, subd. (a)) (count 4); and vandalism (Pen. Code, § 594, subd. (a)) (count 5). In counts 1 and 2, the jury found that appellant personally used a firearm within the meaning of Penal Code section 12022.5. In count 3, the jury found that appellant personally used a firearm within the meaning of Penal Code section 12022.53, subdivision (b). In count 4, the jury found that appellant drove with a willful and wanton disregard for the safety of persons and property. Appellant admitted various prior conviction allegations. The trial court sentenced appellant to state prison for a total of 44 years eight months.
Appellant appeals on the grounds that: (1) the jury was improperly given a general intent instruction relating to the evading a peace officer charge; (2) the jury was improperly given a general intent instruction relating to the criminal threats and carjacking charges; (3) the trial court should have given a unanimity instruction with respect to the assault with a firearm charge; (4) the trial court improperly allowed evidence of appellant’s gang membership, including testimony by a gang expert; and (5) there was insufficient evidence to support the guilty verdicts on counts 1, 2, and 3.
We affirm.
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