People v. Vasquez CA2/8

INTRODUCTION

Maurice Vasquez appeals from his judgment of conviction for count 1, conspiracy to commit murder (Pen. Code,1 §§ 187, subd. (a), 182), and count 2, first degree attempted murder (§§ 187, subd. (a), 664). The jury also found true each count was committed to benefit, promote, further, and assist a criminal street gang (§ 186.22, subd. (b)(1)(C)) and the offenses were committed within a state prison (§ 1170.1, subd. (c)). Vasquez makes various challenges to his conviction, claiming evidentiary error and prosecutorial misconduct. However, many of Vasquez’s claims are forfeited as his trial counsel failed to object on the grounds he raises on appeal. Nevertheless, we consider the merits of Vasquez’s claims as he also argues his trial counsel was ineffective for failing to object to the purported evidentiary errors and instances of prosecutorial misconduct, as well as cumulative error. In reaching the merits of his claims, we conclude Vasquez’s arguments are either not persuasive or constitute harmless error. Accordingly, we also reject Vasquez’s claims of ineffective assistance of counsel and cumulative error. Additionally, Vasquez argues the gang enhancement must be…