Garnica

Appellant stands convicted after a jury trial of first degree murder; he was sentenced to life imprisonment. On appeal he contends the following errors compel reversal of his conviction: (1) the trial court should have suppressed the prosecution testimony of Marla Klemmer under People v. Hitch (1974) 12 Cal.3d 641 [ 117 Cal.Rptr. 9 , 527 P.2d 361 ] because the police failed to preserve a tape recording of the first interview with Ms. Klemmer; (2) the court erred by admitting evidence of an uncharged offense—attempted murder—under the rationale that the evidence was admissible to show a common plan or design; and (3) the prosecutor committed Griffin error during argument to the jury.

As we shall explain, none of these contentions have merit. Appellant, however, is entitled to good-time/work-time credits for presentence custody.

The Evidence

In 1977 appellant was a lieutenant in the Nuestra Familia, a prison gang which was originally organized to provide security to Mexican-American prisoners but which expanded into various forms of criminal activity outside prison.

Appellant’s affiliation with Nuestra Familia and high rank in that organization were confirmed by Art…