P. v. Roel
Defendant appeals his conviction by a jury of shooting at an occupied vehicle, assault with a firearm, and making a criminal threat. The jury found that defendant personally used a firearm in the commission of all three offenses. After a bifurcated court trial, the trial court found that defendant had one prior serious felony conviction under the “Three Strikes” law. The trial court sentenced defendant to 14 years in state prison, and a concurrent, ten-year term on count 2. The trial court imposed and stayed a six-year term on count 3.
Defendant contends his conviction must be reversed because (1) the trial court’s admission into evidence of gang expert testimony denied defendant his due process right to a fair trial and proper notice; (2) the prosecutor improperly argued that defendant’s mother and sister were logical defense witnesses who had not been called to testify without any showing of availability; (3) the trial court committed prejudicial error by admitting testimony by one of the victims that he was attacked and told not to testify; (4) the trial court improperly denied defendant’s motion for a new trial because there was prejudicial testimony suggesting that defendant was involved in another, more serious, crime; and (5) the trial court erred in its sentencing determinations. Court concluded that there was no prejudicial error and therefore affirmed the judgment.
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