Alvarez

Defendant Rafael Garcia Alvarez, Jr., appeals from judgment entered against him for murder (count I), assault with a firearm (count II), and resisting a peace officer (count III). The jury further found true allegations that, as to count I, defendant intentionally discharged a firearm causing death (firearm enhancement) and, as to count II, he personally used a firearm.

The court sentenced defendant to a prison term of 50 years to life, comprised of 25 years to life for first degree murder and 25 years to life for the firearm enhancement on count I.

Defendant contends the trial court prejudicially erred in admitting gang evidence since the murder was not gang related and the evidence should have been excluded under Evidence Code section 352 as highly inflammatory. Defendant further contends the 25-year-to-life firearm enhancement violated his equal protection rights because similarly situated murderers using other deadly weapons are not subject to the same harsh penalty.

We conclude the trial court did not abuse its discretion in allowing the gang evidence because it was relevant to motive and witness credibility, and, hence, its probative value outweighed its…