Perez

Introduction

This case involves a gang-related drive-by murder. A jury convicted appellants Alikhban Perez and Josué Aguilar of first degree murder and the special circumstance that the murder was committed by discharging a firearm from a motor vehicle intentionally at another person outside the vehicle with intent to kill. (Pen. Code, §§ 189, 190.2, subd. (a)(21).) The jury also found the crime was committed for the benefit of a criminal street gang (Pen. Code, § 186.22), that Perez personally used a firearm (Pen. Code, § 12022.5), and as to Aguilar that a principal was armed with a firearm (Pen. Code, § 12022, subd. (a)(1)). The court sentenced each to life imprisonment without the possibility of parole, plus two years for the gang enhancement, plus four years as to Perez for personally using a firearm.

Appellants raise numerous contentions, mostly relating to admission or exclusion of evidence, or the sentence. We affirm after modifying the judgments to strike the two-year gang enhancements which the People concede cannot be imposed. In the published portion of this opinion, we hold that a criminal defendant is not denied the constitutional right to confront a…