P. v. Franco CA5
Israel Franco and Simon Gonzalez were jointly tried and convicted of aggravated assault and active participation in a criminal street gang. Gang enhancement allegations were found to be true, and Franco was additionally found to have inflicted great bodily injury upon two victims. On appeal, both men challenge the sufficiency of the evidence supporting the gang charges and related enhancements. Gonzalez, who was found liable as an aider and abettor on certain counts, also disputes the sufficiency of the evidence supporting his other convictions. Lastly, error is alleged with regard to the use of hearsay during testimony by the People’s gang expert.
We reject the claims of insufficient evidence. The jury was improperly exposed to hearsay, but the error was harmless. Therefore, we affirm the judgments.
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