Mosley

I. Introduction

Defendant Quincey Lee Mosley appeals from a judgment of conviction following a jury trial in which he was convicted of murder in the first degree of Lonnie Roberson (Pen. Code , § 187, subd. (a).) The jury found not true special allegations that a principal was armed with a firearm (§ 12022, subd. (a)(1)), that defendant personally used a firearm (§ 12022.5, subd. (a)), and that defendant inflicted death on Lonnie Roberson by discharging a firearm from a motor vehicle (§ 12022.55). Defendant was sentenced to state prison for a term of 25 years to life. Defendant contends on appeal: (1) the trial court erred when it ruled his statements to the police in an ambulance were admissible despite the lack of any Miranda advisements or waivers; (2) the trial court erred when it admitted evidence of defendant’s gang membership; and (3) the evidence is insufficient to support his conviction of first degree murder as an aider and abettor. We reject defendant’s contentions and affirm the judgment.

II. Factual Summary

Lonnie Roberson and Ted Theus were among a group of people standing outside Aikin’s Market around 5:30 p.m. on December 14, 1996. Aikin’s Market was…