People v. Sanchez CA4/3

INTRODUCTION

Defendant Luis Alberto Sanchez appeals after a jury found him guilty of first degree murder and street terrorism. The jury found true the special circumstance allegation that Sanchez committed the murder for a criminal street gang purpose. The jury also found true the enhancement allegations that Sanchez caused the death of Miguel Reyes by personally discharging a firearm. Sanchez raises several arguments challenging the sufficiency of the evidence supporting his convictions as well as the special circumstance allegation. Sanchez contends the trial court erred in instructing the jury as to the special circumstance allegation and also by admitting evidence of a picture of a gun found on a cell phone discovered during a search of Sanchez’s residence. We affirm the judgment except for Sanchez’s conviction for street terrorism. Under the California Supreme Court’s recent decision in People v. Rodriguez (2012) 55 Cal.4th 1125, 1132 (Rodriguez), the conviction for street terrorism must be reversed because Sanchez was acting alone when he fatally shot Reyes. Sanchez’s remaining arguments of reversible error are without merit.

FACTS

I.

RAW

In 2004, a tagging crew known…