P. v. Flores CA5
Appellant Rayna Marie Flores appeals her conviction on one count of shooting at an inhabited dwelling (Pen. Code, § 246) , with the special allegation that the crime was committed for the benefit of, at the direction of, or in association with a criminal street gang, with the specific intent to promote, further, or assist in criminal conduct by gang members. (§ 186.22, subd. (b).) Prior to sentencing, appellant admitted to having one prior strike pursuant to sections 667 and 1170.12. In this appeal, appellant argues we must reverse the gang enhancement and her underlying conviction due to the improper admission of evidence regarding her status as a gang member. In particular, appellant contends the court improperly admitted statements she made during booking which violate her Fifth Amendment right against self-incrimination and opinion testimony regarding her and her companion’s gang status based on testimonial hearsay that violated her Sixth Amendment right to confront witness
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