P. v. Cisneros
During the early morning hours of May 6, 2004, appellant Miguel Mikey Ontiveros Cisneros fatally shot Everado Baloney Marquez while Marquez was sleeping. Marquez suffered two gunshot wounds to the head and four gunshot wounds to the neck, right shoulder and right arm. Ulises Alvarez acted as the lookout and the murder weapon was found in his home. About two weeks prior to the homicide, appellant and Ernesto Garcia discussed a plan to lure Marquez outside his home and shoot him. Garcia subsequently made an unsuccessful attempt to obtain a firearm for appellant. Garcia did not participate in the fatal shooting.
Appellant challenges the sufficiency of the evidence supporting the street gang enhancement and the street gang special circumstance. Also, he argues that Aguilars testimony improperly embraces ultimate issues and lacks adequate foundation. None of appellants arguments are persuasive; Court affirm.
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