Ruiz

A jury convicted appellant, Oscar Ruiz, of the sale of a controlled substance in violation of Health and Safety Code section 11352, subdivision (a). He appeals his conviction contending the trial court erred in permitting evidence he and another person who confessed to the crime were both members of the same criminal street gang. We find no abuse of discretion and affirm.

Facts and Proceedings Below

On June 7, 1996, Los Angeles Police Officer Melissa Town was assigned as an undercover officer to the Valley Bureau Division of Narcotics. That day she drove an ordinary car and dressed in civilian street clothes. At approximately 4:00 p.m. Officer Town drove to the comer of Carl and Borden Streets in the Foothill area. This particular location is known by police for its drag activity.

As Officer Town approached the location she saw a group of five to seven male Hispanics standing in the driveway of the apartment buildings. Appellant was part of this group. She pulled into the driveway and motioned for appellant to come over. When he approached the passenger side of the officer’s car she asked to purchase $7 worth of rock cocaine. Appellant asked Town if she was a police…