Valdez

I. Statement of the Case

Defendant Francisco Valdez and 10 others were charged with first degree murder in the killing of Osvaldo Mojarro Rios and conspiracy to commit other enumerated offenses. He appeals from a judgment entered after a jury convicted him of the lesser offense of second degree murder and conspiracy and also found true gang enhancement allegations related to these offenses. On appeal, he claims the court erroneously permitted a gang expert to relate inadmissible hearsay to support his opinion on various subjects. In addition, he claims there is insufficient evidence to support the gang enhancement, the trial court erroneously permitted the prosecution to present witnesses solely to have them refuse to testify in front of the jury, and the court gave a defective instruction defining “reasonable doubt.” We affirm the judgment.

II, Factual Background

A. Events on January 27,1994

On January 27, 1994, around 2:30 p.m., a caravan of vehicles, including a white Datsun, drove by the residences of Jesus Mesa, Margarito (Mago) and Andres Reyes, and Antonio Gomez on Lotus Street in San Jose. Jesus Mesa heard Antonio yell “Sureño” at the The vehicles returned and…