People v. Toledo CA2/5

INTRODUCTION

A jury found defendant and appellant Sarah Toledo (defendant) guilty of conspiracy to commit murder and murder. On appeal, defendant challenges the sufficiency of the evidence in support of the guilty verdicts on the charged crimes and the true finding on the gang allegation. She also contends that the gang expert’s testimony violated the confrontation clause and her right to a jury trial; the jury instructions on the gang allegation were unclear concerning the requirement that defendant must have personally acted to benefit the gang and with the specific intent to promote criminal conduct by gang members; cumulative error requires reversal; the trial court’s failure to instruct orally on the elements of the firearm enhancement requires reversal of that sentence enhancement; her 50 years-to-life sentence constitutes cruel and unusual punishment; and the trial court erred in denying her Pitchess1 motion. We hold that substantial evidence supported the verdicts and the true finding on the gang allegation; defendant forfeited her confrontation clause challenge and that it lacks merit in any event; defendant forfeited her claim that the instructions relating to the gang…