P.v Stapleton
Defendant, Aaron Edward Stapleton, appeals from a first degree murder conviction (Pen. Code,[1] 187, subd. (a)) and the jurys handgun use finding. ( 12022.53, subd. (d).) Defendant argues that the trial court improperly admitted evidence of his gang status and awarded too few days of presentence custody credits. We affirm with modifications.
We view the evidence in a light most favorable to the judgment. (Jackson v.Virginia (1979) 443 U.S. 307, 319; People v. Elliot (2005) 37 Cal.4th 453, 466; Taylor v.Stainer (9th Cir. 1994) 31 F.3d 907, 908-909.) Twenty-one-year old Rodolfo Orozco lived at times with his parents and began moving around prior to his May 22, 2006 death. Mr. Orozco worked sporadically in the construction industry. Mr. Orozcos brother was Alejandro Orozco.[2] On three occasions Alejandro went to the Tujunga area to pay money for his rent. On those occasions, Mr. Orozco was with defendant. Mr. Orozco paid rent to Alejandro. Mr. Orozco had a drug problem.
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