P. v. Barbosa
This case arises out of the shooting of two police officers during a traffic stop. Defendant Jeffrey Barbosa was convicted of two counts of conspiracy to commit murder (Pen. Code, 182,187),[1]two counts of attempted murder ( 664, 187), two counts of aggravated mayhem ( 205), and one count of discharging a firearm from a vehicle at a person ( 12034, subd. (c)). He received a total prison term of 100 years to life.
We further conclude there was sufficient evidence to establish the existence of a criminal street gang and the court did not abuse its discretion by denying defendants motion to bifurcate the gang allegations because the gang evidence was relevant to the issue of motive. Finally, Court conclude defendant forfeited his challenge to the courts response to a jury question regarding the gang allegations because his counsel acquiesced to the courts planned response, and, in any event, defendants challenge is without merit. Rejecting all of defendants contentions, Court affirm the judgment.
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