Martinez

Defendant Rene Martinez was convicted of second degree robbery (Pen. Code, §§211, 212.5, subd. (c), count 1; all further statutory references are to this code unless otherwise stated) and street terrorism (§ 186.22, subd. (a) (section 186.22(a)), count 2). The jury also found true that count 1 was committed for the benefit of a criminal street gang (§ 186.22, subd. (b)(1) (section 186.22(b))).

Defendant contends there was insufficient evidence to prove either the street terrorism count or the gang enhancement. He also claims a jury instruction as to the street terrorism count was inadequate because it failed to include a statement that the underlying offense must be gang related. Additionally, he challenges certain evidence used to prove the robbery conviction, claiming the prosecutor should not have been allowed to ask the victim leading questions and that inadmissible hearsay was improperly admitted. Finally he maintains that the errors were cumulative, requiring reversal. Finding no errors, we affirm.

FACTS

When police officers Omar Adham and Dustin Ciscel were patrolling one evening they saw three young men looking into an alley. They also saw three different adult…