The People v. Gomez CA2/7

INTRODUCTION

Defendant Edgar Gomez appeals from a judgment of conviction entered after a jury trial. The case involves a gang-related shooting that was caught on video camera. The primary issue at trial was the identity of the killers. The jury convicted Gomez of first degree murder (Pen. Code, § 187) and found true the allegations he personally and intentionally discharged a firearm in the commission of the crime (id., § 12022.53, subds. (d), (e)) and committed the crime for the benefit of a criminal street gang (id., § 186.22, subd. (b)(1)(C)). The trial court sentenced Gomez to state prison for a term of 50 years to life. On appeal, Gomez challenges the sufficiency of the evidence to support his conviction. He also argues that the judgment should be reversed because of evidentiary error, prosecutorial misconduct, ineffective assistance of counsel, sentencing error, judicial bias, and an erroneous restitution order. We correct the amount of the restitution order and otherwise affirm the judgment.

FACTS

A. The Shooting On July 29, 2008 at approximately 8:00 p.m. two members of the Eastside Trece gang murdered Marcus Van Ellis because he was wearing red, the color of a…