Garcia

A jury convicted Pedro Alexander Zepeda Garcia (also known as Teddy) and Geraldo Ojito (also known as Mist) of first degree murder (Pen. Code, § 187, subd. (a)). The jury found Garcia personally discharged a firearm causing death (Pen. Code, § 12022.53, subd. (d)), and that Ojito was vicariously armed with a firearm (Pen. Code, § 12022, subd. (a)(1)). The court sentenced Garcia to 50 years to life and Ojito to 25 years to life in state prison.

Ojito contends (1) there was no substantial evidence he aided and abetted a premeditated murder; (2) the court prejudicially erred by admitting irrelevant, inflammatory, and cumulative gang evidence; (3) he was denied due process of law by being jointly tried with Garcia; (4) the court prejudicially erred by admitting evidence concerning his arrest following a SWAT standoff; (5) the admission of two notes written by a cellmate to prove he attempted to intimidate witnesses violated the rules of evidence and his rights under the Sixth Amendment confrontation clause; (6) the cumulative impact of the trial errors deprived him of his Fourteenth Amendment due process right to a fair trial; and (7) a clerical error in the abstract of…