P. v. Xiong
Defendant and two codefendants were charged by amended information with murder, discharging a firearm at an inhabited dwelling, discharging a firearm from a motor vehicle at a person not in the vehicle and discharging a firearm from a motor vehicle, as well as several firearm enhancements, a criminal street gang enhancement and a special circumstance under section 190.2, subdivision (a)(21). The jury in defendant’s matter was unable to reach a verdict, and a mistrial was declared.
Defendant appeals, claiming insufficiency of evidence of the gang enhancement, evidentiary and instructional errors, ineffective assistance of counsel and jury misconduct. Court reversed the findings on the criminal street gang enhancement and the firearm enhancement. In all other respects, court affirmed the judgment.
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