Valadez

The People v. Valadez

Caution
162 Cal. Rptr. 3d 722·2013 Cal. App. LEXIS 778·220 Cal. App. 4th 16·2013 WL 5431513
Court of Appeal of CaliforniaSeptember 27, 2013B239983California8,726 words

Opinion

Opinion

Flier, J.

Appellants Frank Uribe and Daniel Valadez challenge their convictions for conspiring to commit the crimes of shooting from a vehicle and assault with a semiautomatic firearm and for possession of a firearm by a felon, along with gang and other enhancements. They raise a host of alleged errors, both together and individually. In the published portion of this opinion, we reject their evidentiary and confrontation clause challenges to the prosecution’s gang expert witness. In the unpublished portion, we find no prejudicial error on any other ground. We affirm. We modify the judgment to reflect additional presentence credits as provided herein.

PROCEDURAL HISTORY

Appellants were charged with conspiracy to commit the crimes of shooting from a vehicle and assault with a semiautomatic firearm (Pen. Code, §§ 182, subd. (a)(1), 245, subd. (b), former § 12034, subd. (c) [repealed eff. Jan. 1, 2012, and reenacted as Pen. Code, § 26100, subd. (c) without substantive change]), and being felons in possession of a firearm (former § 12021, subd. (a)(1) [repealed eff. Jan. 1, 2012, and reenacted as § 29800, subd. (a)(1) without substantive change]). It was alleged that the acts were…

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