Funes

A jury convicted defendant Mauricio Ernesto Funes of one count of second degree murder (Pen. Code, § 187) and one count of participating in a criminal street gang (§ 186.22, subd. (a)). With respect to the murder count, the jury further found that defendant had used a dangerous and deadly weapon (a baseball bat) (§ 12022, subd. (b)), and had committed the murder for the benefit of, at the direction of, or in association with a criminal street gang (§ 186.22, subd. (b)(1)). The court sentenced defendant to a term of 16 years to life, with the possibility of parole.

On appeal, defendant contends we must reverse his murder conviction because: (1) The trial court erroneously admitted evidence of numerous incidents of gang affiliation; (2) the trial court abused its discretion when it refused to allow the defense to reopen its case to present evidence that defendant was right-handed; and (3) the trial court erroneously refused special instructions on the proximate cause of death. In addition, defendant contends we must reverse the gang participation count and gang affiliation enhancement because the trial court failed to instruct the jury that it must unanimously agree on the…