Sisneros

The jury found defendant Joseph A. Sisneros guilty of the. first degree murder of Luis Charles (Pen. Code, § 187, subd. (a)) by intentionally and personally discharging a firearm (§ 12022.53, subds. (b)-(d)). He was also convicted of being a felon in possession of a firearm (§ 12021, subd. (a)(1)) and actively participating in felonious criminal conduct to' benefit a criminal street gang (§ 186.22, subd. (a)). Defendant admitted the truth of recidivist enhancement allegations, which included two “strikes.” The trial court imposed a 10-year determinate term for the two section 667 recidivism enhancements, plus indeterminate terms of 75 years to life pursuant to the three strikes law, and 25 years to life for the firearm enhancement. Upper terms of three years were imposed for the felon in possession and the gang participation convictions; both were stayed pursuant to section 654.

In his timely appeal, defendant raises various contentions of error arising out of the trial court’s decision to permit the prosecution to call Gloria Luna as a witness with the knowledge that she would refuse to be sworn and submit to questioning: (1) In violation of Evidence Code section 600,…