Eck

A jury convicted appellant Nicholas Eck of two counts of attempted murder (Pen. Code, §§ 664/187, subd. (a)), and of two counts of assault with a deadly weapon (§ 245, subd. (a)(2)). The jury also found true allegations appellant personally used a firearm in the commission of the offenses (§ 12022.5, subd. (a)), personally inflicted great bodily injury (§ 12022.7, subd. (a)), discharged a firearm from a vehicle with the intent to inflict great bodily injury or death, and that he inflicted such injury or death (§ 12022.55).

Appellant appeals claiming he is entitled to a new trial because counsel rendered ineffective assistance by failing to object to “other crimes” evidence of a prior shooting by appellant; by failing to request a limiting instruction regarding the use of gang evidence; by failing to move to exclude evidence of a 911 tape recording which contained inadmissible hearsay; and, by failing to object to testimony explaining the meaning of the C.R.A.S.H. acronym—Community Resources Against Street Hoodlums.

Appellant also claims the trial court committed reversible error in admitting gang evidence without holding a formal Evidence Code section 402 hearing…