P. v. Murillo CA2/2
Three gang members drove into rival gang territory in a caravan and gunned down a rival gang member who was walking down the street. After a joint trial, a jury convicted each of them of varying degrees of murder and found that the crime was gang related. On appeal, the defendants claim that the People’s gang expert impermissibly offered an opinion on their guilt; that the trial court erred in not instructing the jury that two of the three defendants’ incriminating statements to jailhouse informants needed to be corroborated; that the trial court misinstructed on the gang enhancement; that the trial court erred in imposing sentence on the gang enhancement; and that they are entitled to a remand for the trial court to consider whether to strike the 25-year firearm enhancement in light of the newly enacted Senate Bill (SB) 620. Only defendants’ last two arguments have merit. Accordingly, we affirm their convictions and remand for resentencing.
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