P. v. Orrostieta
Defendant Pablo Orrostieta appeals from the judgment entered following his conviction by jury of first degree murder with the finding that a principal personally used and discharged a firearm which proximately caused great bodily injury or death to the victim. (Pen. Code, 187, subd. (a), 12022.53, subds. (b), (c), (d), (e)(1).) The jury also found the murder was committed for the benefit of a criminal street gang within the meaning of Penal Code section 186.22, subdivision (b)(1)(A). Defendant was sentenced to prison for a term of 50 years to life. He appeals, contending there is insufficient evidence to support the jury finding on the gang allegation and he was prejudiced by the admission of gang evidence and testimony explaining the absence of witnesses. Court affirm.
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