Zepeda

Defendant Jaime Ledesma Zepeda appeals after conviction, by jury trial, of first degree murder. (Pen. Code, § 187.) The jury found true an allegation that defendant used a firearm (§ 12022.5, subd. (a)(1)) and an allegation that he discharged a firearm and caused death (§ 12022.53, subd. (d)). The trial court sentenced him to a term of 25 years to life for the murder, with a consecutive term of 25 years to life for the firearm discharge allegation.

On appeal, defendant contends the trial court erred by: (1) admitting statements obtained from a wiretap on the telephone in his jail cell; (2) admitting expert opinion testimony about his motive for the shooting; (3) instructing the jury to stop deliberating if it could not reach a unanimous verdict as to first degree murder (CALJIC No. 8.75); and (4) admitting evidence that defendant was involved in a prior gang-related shooting. Defendant also contends that the 25-year-to-life sentence imposed for the firearm discharge allegation constitutes cruel and unusual punishment. We will affirm the judgment.

Defendant has also filed a petition for writ of habeas corpus, which we agreed to consider with this appeal. We have disposed…