Lopez

A jury found Jose Manuel Lopez guilty of assault with a firearm, street terrorism, robbery, possession of a firearm by a felon, and possession of a firearm in violation of probation. It also found he committed the assault with a firearm for the benefit of the Southside criminal street gang (Southside) and personally used a firearm in commission of the robbery. The trial court struck the gang enhancement and sentenced Lopez to eleven years and four months in prison: five years for robbery, four for the personal use of a firearm, one year for assault with a firearm, eight months for street terrorism, and another eight months for possessing a firearm while a felon.

Lopez contends the trial court committed reversible error by (1) not instructing the jury, sua sponte, on the requirements of “active gang membership”; (2) failing to require, sua sponte, juror unanimity as to the predicate offenses underlying the gang enhancement; (3) admitting evidence of an uncharged drive-by shooting; (4) requiring a witness to refuse to testify and finding him in contempt of court in the presence of the jury; (5) denying his request to bifurcate the gang allegations; and (6) simultaneously…