Tillett

Certified for Partial Publication. [*]

Robert Charles Tillett, Ron Simmons, Edwin Kizzee and Tramaine Howard Cooper appeal from the judgments sending them to prison for extended stays [1] after a jury convicted them of a string of charges and enhancements arising from their livelihood of choice: gang-related crime. Sharing common threads, the arguments raised by each are joined in by the others, such as challenging the sufficiency of evidence to support the gang enhancements, the joinder of all the charges, and the prosecution's amending the information after the defendants had waived a preliminary hearing. Kizzee argues the trial court abused its discretion when it failed to either grant a mistrial or exclude expert testimony of deoxyribonucleic acid (DNA) profiling and comparison as a sanction for the prosecution's failure to divulge potentially exculpatory evidence. He also contends the court erred in its instructions which defined terms in the gang enhancements and in its sentencing scheme, which imposed terms for both the gang enhancement and the use of a gun without a specific finding by the jury. We affirm the four judgments, excepting the terms for the gun…