Munoz

A jury convicted defendant Jose Kelly Munoz of the attempted murder of James Dowden (Pen. Code, §§ 187, 664-count II), the assault of Luis Magana with a deadly weapon or by means of force likely to produce great bodily injury (§ 245, subd. (a)(1)—count III), and shooting at Magana from a vehicle (§ 12034, subd. (c)—count IV). The jury found that in counts II and IV, defendant personally and intentionally discharged a firearm causing great bodily injury to Magana (§ 12022.53, subd. (d)), and that in count HI, defendant inflicted great bodily injury to Magana (§ 12022.7, subd. (a)). The jury found that count II was not willful, deliberate and premeditated. (§ 664, subd. (a).) Defendant was sentenced to state prison for an aggregate 58 years eight months to life, consisting of determinate terms of seven years on count II and one year eight months (one-third the midterm) in count IV, plus two consecutive indeterminate terms of 25 years to life for the firearm enhancements in counts II and IV. Sentence on count III was stayed pursuant to section 654.

On appeal, defendant contends (1) admission of gang evidence was an abuse of discretion; (2) refusal to answer a juror’s…