P. v. Pineda CA6
On February 23, 2014, Crispin Guajardo, a known associate of the Norteno criminal street gang, was shot and killed outside a bar in Greenfield, California. Following a jury trial, defendant Arnulfo Pineda, a member of the Mexican Klan Locos subset of the Sureno criminal street gang, was convicted of Guajardo’s murder. (Pen. Code, § 187.) The jury also found true several enhancements, including a gang enhancement (§ 186.22, subd. (b)(1)) and three firearm enhancements (§§ 12022.5, subd. (a), 12022.53, subds. (d), (e)(1)). On appeal, defendant argues (1) the gang enhancement is not supported by substantial evidence, (2) the trial court erroneously permitted the admission of overly prejudicial and unreliable testimonial hearsay, (3) the trial court failed to correctly instruct the jury on the use of hearsay evidence, (4) the trial court did not correctly respond to the jury’s question on how to complete verdict forms when deadlocked on an enhancement, (5) the prosecutor commi
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