P. v. Dominguez CA2/1
A jury convicted Juan Bernard Dominguez (Dominguez) and Richard Ernesto Mendoza (Mendoza) of two counts of attempted murder as well as shooting at an inhabited dwelling. The jury also found that Dominguez personally discharged a firearm and that the crimes were committed to benefit a criminal street gang. On appeal, Dominguez contends that imposition of the gang enhancement was improper because the prosecution failed to establish the requisite connection between the overarching gang and its subsets and failed to present sufficient evidence that the crimes were committed at the direction of, in association with, or to benefit the gang. We disagree. Mendoza claims that several portions of the gang expert’s testimony constituted testimonial hearsay and should have been excluded under People v. Sanchez (2016) 63 Cal.4th 665 (Sanchez). We disagree. Mendoza also claims that the trial court improperly instructed the jury on premeditated murder based on aiding and abetting liability.
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