P. v. Vasquez CA3
Defendant Louis Estrada Vasquez appeals from multiple assault convictions and the jury’s finding two of his assaults were for the benefit of a street gang. He contends (1) the gang expert’s testimony was based on testimonial hearsay and was insufficient to support the gang enhancement; (2) the trial court erred by denying his motion to bifurcate trial of the gang enhancement; (3) the court erred by admitting evidence of an unduly suggestive field showup; (4) the court erred by finding the prosecution used due diligence attempting to locate a missing witness; (5) ineffective assistance of counsel; and (6) cumulative error. We conclude insufficient evidence supports the gang enhancements, and we reverse and remand for resentencing. In all other respects, we affirm.
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