P. v. Hernandez-Delgado CA6
Defendant Alejandro Ernesto Hernandez-Delgado appeals after a jury convicted him of first degree murder (Pen. Code, § 187, subd. (a)) and found true gang and firearm allegations. The trial court sentenced defendant to an indeterminate prison term of 50 years to life.
On appeal, defendant challenges the sufficiency of the evidence supporting the gang allegation, and he contends the trial court erred by: (1) admitting evidence from Facebook; (2) improperly instructing the jury regarding the gang allegation; (3) permitting further argument about accomplice testimony during jury deliberations; (4) refusing a juror’s request to be discharged; and (5) denying defendant’s motion for a new trial, which was based on an allegation of jury misconduct. Defendant also contends the cumulative effect of the errors warrants reversal of the judgment, and that his case should be remanded for resentencing so the trial court can exercise its discretion to strike the firearm enhancement.
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