People v. Mitchell

Jeffrey Mitchell and Robert Rogers appeal from judgments entered following a joint trial in which they were convicted of first degree murder and found to have personally used firearms. It was further found that the crime was committed for the benefit of a street gang. In the published portion of this opinion, we conclude that the trial court erred in permitting evidence that Mitchell had been identified in a canine scent identification lineup without first holding a hearing under People v. Kelly (1976) 17 Cal.3d 24 [ 130 Cal.Rptr. 144 , 549 P.2d 1240 ]. Nevertheless, we hold that the error was harmless. In the unpublished portion, we reject arguments that challenge Rogers’s photographic identification and the propriety of certain evidence. Accordingly, we affirm.

FACTUAL BACKGROUND

1. The Crime and the Investigation

Defendants are members of the Underground Crips (UG Crips) gang. The intersection of 106th Street and Budlong Avenue in Los Angeles County is in the territory of the adjacent rival, Hoovers gang. Around 10 a.m. on August 20, 1999, 19-year-old Jose Lazaro was in his mother’s house at the intersection of 106th and Budlong when he heard loud noises that…