Maestas

A jury convicted Gary Anthony Maestas (appellant) and Lynton Young (appellant) of assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1)) causing great bodily injury. (§ 12022.7.) Appellant Maestas admitted a state-prison prior-conviction allegation (§ 667.5, subd. (b)) and the trial court found true a serious-felony-conviction allegation. (§ 667, subd. (a).) Appellant Maestas was sentenced to state prison for 13 years and appellant Young for 6 years.

We find the trial court prejudicially abused its discretion (Evid. Code, § 352) in admitting gang membership evidence and reverse the judgments.

Introduction

The events took place Friday night, September 27, 1991, outside a bar in Venice called the Brig Bar. The bar is about 45 by 25 feet and had 3 pool tables. It was dimly lit except above the pool tables. There were two doors: the front door, kept ajar, faced the street, and the side door, which adjoined the enclosed parking lot.

The victim, Jose Alex Andrade, had been playing pool in the bar when a man politely asked if he could speak to him outside. Once outside, the victim was confronted by a second man with a knife. The victim fled, returned, was again…