Gamez

—Ralph Gamez (defendant) was convicted in a jury trial of attempted murder (count I) and assault with a firearm against the same victim (count II); assault with a firearm against three additional victims (counts III, IV, V); discharging a firearm from a vehicle (count VI); and discharging a firearm at an unoccupied vehicle (count VII). Enhancements for great bodily injury and great bodily injury in resulting from the discharge of a firearm from a vehicle during the attempted murder and assault with a firearm charges in counts I and II, and for personal use of a firearm in the attempted murder and the four assault with a firearm charges (counts I through V) were found true. Finally, defendant was found to have committed all of the crimes in association with a criminal street gang.

In the published portion of the opinion, we consider the following contentions made by defendant: (1) The admission of opinion evidence regarding gangs was in contravention of the Evidence Code and the confrontation clause; and (2) there was insufficient evidence that defendant committed the crimes in association with a criminal street gang, as required by Penal Code section 186.22, subdivision…

—I concur in the result only, making the following observations about the majority opinion.

I

Much of the officers’ “expert” testimony was rank regurgitation of hearsay coming from highly unreliable sources—rival gang members. The majority opinion glosses over this fact, but should not. However, any error was harmless. Sufficient information was from personal observations or reliable sources, 2 and it is not likely the verdict would have differed without the improper matter. (People v. Watson (1956) 46 Cal.2d 818, 836 [ 299 P.2d 243 ].)

Similarly, it was error to allow the testimony on such ultimate issues as Gamez’s gang membership and whether Southside is a criminal street gang. *980 Once the jury had the benefit of the officers’ expertise on how such gangs operate, their symbols, and other topics, the jurors were as able as the officers to decide the ultimate issues. (See People v. Brown (1981) 116 Cal.App.3d 820, 829 [ 172 Cal.Rptr. 221 ].) But this error was also harmless because it is not probable it affected the verdict.

I disagree with the majority opinion’s conclusion that circumstantial evidence was not a large part of the prosecution case. Although the…

[Opinion certified for partial publication. [*] ]

OPINION

MOORE, J.

Ralph Gamez (defendant) was convicted in a jury trial of attempted murder (count I) and assault with a firearm against the same victim (count II); assault with a firearm against three additional victims (counts III, IV, V); discharging a firearm from a vehicle (count VI); and discharging a firearm at an unoccupied vehicle (count VII). Enhancements for great bodily injury and great bodily injury in resulting from the discharge of a firearm from a vehicle during the attempted murder and assault with a firearm charges in counts I and II, and for personal use of a firearm in the attempted murder and the four assault with a firearm charges (counts I through V) were found true. Finally, defendant was found to have committed all of the crimes in association with a criminal street gang.

In the published portion of the opinion, we consider the following contentions made by defendant: (1) The admission of opinion evidence regarding gangs was in contravention of the Evidence Code and the confrontation clause; and (2) there was insufficient evidence that defendant committed the crimes in association with a criminal street…