P. v. Alexander
Filed 2/28/06 P. v. Alexander CA3
NOT TO BE PUBLISHED
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
THIRD APPELLATE DISTRICT
(Sacramento)
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| THE PEOPLE, Plaintiff and Respondent, v. DARRYL KEITH ALEXANDER, Defendant and Appellant. |
C047362
(Super. Ct. No. 02F08949)
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Defendant Darryl Keith Alexander and codefendant Julio Navarro were charged with attempted murder (Pen. Code, §§ 664/187, subd. (a); count 1; undesignated section references are to the Penal Code) and discharging a firearm into an occupied vehicle (§ 246; count 2). As to both counts, the information alleged enhancements under section 12202.53, subdivisions (d) and (e)(1) (personal and intentional discharge of a firearm by any principal, proximately causing great bodily injury), and section 186.22, subdivision (b)(1) (felony committed for benefit of criminal street gang).
Navarro pled no contest after the start of trial. The jury deadlocked as to defendant, causing a mistrial.
On retrial, the jury convicted defendant on both counts and found the enhancements true.[1] The trial court sentenced defendant to an aggregate prison term of 40 years to life.
Defendant contends: (1) As to the gang enhancement, the prosecution failed to prove the predicate-acts element by substantial evidence, and relied entirely on hearsay in violation of defendant's Sixth Amendment confrontation rights. (2) The prosecution's gang expert impermissibly opined on witnesses' credibility. (3) The trial court denied defendant a fair trial by refusing to bifurcate the gang enhancement.
We shall affirm.
FACTS
On the afternoon of October 18, 2002, 15-year-old Noel E., 15-year-old Cesar B., 17-year-old Pilar H., and 17-year-old Jose E. were sitting in Jose's parked car behind a strip mall at 24th Street and Florin Road in Sacramento. The four, who were affiliated with the Sureno gang, had parked in a remote area of the mall's lot to avoid being spotted by members of the rival Norteno gang. Jose was not a licensed driver, and the ignition of the car he was driving had been punched out.
Noel and Pilar walked into a gift shop, where Noel noticed a large Hispanic male and a shorter African-American male, 18 to 21 years old, standing together near the entrance.[2] After glancing at them, Noel moved on. Noel and Pilar bought something to drink at another store, then returned to the car. Jose sat in the driver's seat, Cesar in the left rear passenger seat, Noel in the front passenger seat, and Pilar in the right rear passenger seat. No other cars were parked nearby.
A gold Chevy Caprice with wire hubcaps and a â€
