P. v. Hernandez
A jury convicted defendant of second-degree vehicular burglary. (Pen. Code, 459, 460; all further section references are to the Penal Code.) Hernandez later admitted having one strike and two prison term prior felony convictions. ( 667, subds. (b) (i), 1170.12; 667.5, subd. (b).) The court imposed an aggregate 4 year sentence.
Defendant appeals, contending that (I) the court erred in refusing to strike some of the victims testimony as a sanction for an alleged prosecution discovery violation; (II) his counsel was ineffective for failing to object to (A) the use of hearsay evidence to support a gang experts testimony, and (B) the prosecutors argument allegedly misstating the law regarding the lesser included crime of auto tampering; (III) the court erred in failing to give a clarifying instruction regarding auto tampering sua sponte; and (IV) the court prejudicially erred in effectively excising portions of CALCRIM No. 226 (Fall 2006 ed.; all further CALCRIM references are to the Fall 2006 ed.) regarding witness credibility. Court reject these contentions and affirm the judgment.
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