Gutierrez

A jury convicted Robert Arthur Gutierrez and Antonio Rosales Ambriz of first degree murder (Pen. Code, 187) and two counts of first degree attempted murder (§§ 664/187). Firearm allegations (§§ 12022, subd. (a)(1), 12022.5 [appellant Ambriz only]) were found true.

Appellants, singly or jointly, contend: (1) gang expert testimony was improperly admitted; (2) the trial court erred (Evid. Code, § 352) in allowing appellant Ambriz to be impeached with his voluntary manslaughter conviction; (3) there was insufficient evidence of intent to kill regarding the attempted murder counts; (4) the trial court erred in admitting appellant Gutierrez’s extrajudicial statements without an Evidence Code section 402 hearing; (5) trial counsel was ineffective; and (6) the trial court committed instructional error (flight instruction). The Attorney General contends the trial court erred in staying sentences on appellants’ prior felony conviction enhancements.

We find none of the contentions well taken and affirm the judgments.

Factual and Procedural Background

There being an insufficiency of evidence contention, we recount the evidence in considerable detail and do so with a perspective…