P. v. Arroyo
Ruben Arroyo appeals from a judgment convicting him of assault with a semiautomatic firearm and other offenses. The key dispute at trial was whether defendant was holding a gun (rather than some other item) when he encountered the victim. On appeal, defendant argues the trial court erred by permitting the prosecution to display or admit into evidence (1) photographs of guns, (2) hearsay testimony that the victim told third parties that defendant had a gun, (3) threats made by defendant's wife to the victim, and (4) gang expert testimony. He also contends the court erred by requiring a defense witness to appear in prison clothes. Further, he asserts there is insufficient evidence to support the jury's finding that he committed an act likely to result in the application of force. Finally, he argues the prosecutor made improper statements during closing arguments.
We reject these contentions, except for the failure to have a defense witness appear in civilian, rather than prison, clothing. We conclude this error was harmless.
The Attorney General concedes, and we agree, the trial court should have stricken defendant's conviction of the lesser included offense of assault with a firearm. We modify the judgment to strike this conviction.
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