P. v. Velasquez CA4/3
A jury convicted Heriberto Velasquez of assault with force likely to cause great bodily injury (Pen. Code, § 245, subd. (a)(4); all further statutory references are to this code) with a gang enhancement (§ 186.22, subd. (b)(1); hereafter § 186.22(b)(1)) for participating in a group beating of a fellow inmate at Theo Lacy jail. Velasquez challenges the sufficiency of the evidence to support the jury’s conclusion he was one of the attackers depicted in a videotaped recording of the beating. He also challenges the sufficiency of the evidence to support the gang enhancement, and he contends he received ineffective assistance of counsel when his trial attorney failed to object to the prosecutor’s closing argument that treated the gang expert’s reliance on a nonhearsay statement as if it had been admitted for its truth. These contentions are without merit, and we therefore affirm the judgment.
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