P. v. Ruiz CA2/2
Mike Ruiz appeals the judgment entered following a jury trial in which he was convicted of attempted willful, deliberate and premeditated murder (Pen. Code, §§ 664, 187, subd. (a); count 1), carrying a loaded unregistered handgun (§ 25850, subd. (a); count 2), shooting at an occupied motor vehicle (§ 246; count 3), and assault with a semiautomatic firearm (§ 245, subd. (b); count 4). The jury found true the firearm enhancement allegations that appellant personally used and intentionally discharged a handgun. (§§ 12022.53, subds. (b) & (c), 12022.5, subds. (a), (d).) The trial court imposed a sentence of life in prison on count 1, plus 20 years for the firearm enhancement under section 12022.53, subdivision (c), and concurrent or stayed sentences on all other counts.
Appellant contends the trial court committed prejudicial error by allowing the prosecution to present testimony about appellant’s gang affiliation. We disagree and affirm the judgment of conviction.
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