People v. Faraj CA4/1

INTRODUCTION

A jury convicted Jesus K. Faraj of conspiracy to commit murder and of the first degree murder of Jimmy Khieu. In a subsequent bifurcated bench trial, the trial court found true the special circumstance allegation that Faraj committed the murder while he was an active participant in a criminal street gang and the gang enhancement allegation he committed murder and conspiracy for the benefit of a criminal street gang. Faraj contends the trial court erred when it admitted gang-related evidence during the jury trial instead of limiting such evidence to the bifurcated proceedings. We reject Faraj’s contention for two reasons. First, his claim of error has been waived because it is vague and insufficiently developed. He also failed to address significant portions of the court’s ruling. Second, overwhelming evidence of guilt—most of it consisting of digital text messages between Faraj, his alleged co-conspirators, and the victim— precludes a finding of prejudice from any of the gang evidence the court admitted at the jury trial.

PROCEDURAL HISTORY

The San Diego County District Attorney charged Faraj and three co- defendants—Peter Burgos, Steven Chavez, and Kristin…