P. v. Rivera CA6
While on parole, defendant Miguel Angel Rivera fired a gun at a shooting range on three occasions. Video footage of two of those visits was posted on defendant’s public Facebook page. Also posted on that page were several photographs that a gang expert opined were gang-related. A jury convicted defendant of three counts of possessing a firearm as a felon. (Pen. Code, § 29800, subd. (a)(1).) Gang enhancements were alleged for two of those counts, and the jury found both true. (Pen. Code, § 186.22, subd. (b)(1)(A).) In defendant’s original briefing, he contends there was insufficient evidence to support the gang enhancements because there were no indicia of gang activity in the videos that were posted online. In a supplemental opening brief, defendant argues the trial court erred by allowing the prosecution’s gang expert to discuss case-specific, testimonial hearsay in violation of the principles articulated in People v. Sanchez (2016) 63 Cal.4th 665 (Sanchez).
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