P. v. Orozco
A jury convicted Jose Othon Orozco of attempted murder (Pen. Code, 664, 187, subd. (a)), being an active gang member with a concealed firearm ( 12025, subds. (a)(2) & (b)(3)), street terrorism ( 186.22, subd. (a)), and possession of a firearm by a felon ( 12021, subd. (a)(1)), and found, inter alia, he committed attempted murder for the benefit of a criminal street gang and possessed a firearm as a felon for the benefit of a criminal street gang. On appeal Orozco contends (1) the prosecutor improperly cross-examined him; (2) insufficient evidence supported the allegation he committed any of his crimes for the benefit of a criminal street gang; (3) the court erroneously instructed the jury on flight after a crime; and (4) the court erroneously failed to award him presentence custody credit. Court agree Orozco is entitled to presentence custody credit. In all other respects, Court affirm the judgment.
Comments on P. v. Orozco