SCHOPPE-RICO

I.

INTRODUCTION

Appellant John Moses Schoppe-Rico was convicted by a jury of shooting at an occupied vehicle; first degree murder, with a firearm enhancement; and carrying a loaded, concealed firearm while an active participant in a criminal street gang. On appeal, he contends that the statutes defining the street gang firearm offenses require proof that his possession of the firearm occurred in connection with his active gang participation. In the published portion of this opinion, we examine and interpret the street gang firearm possession statutes, and conclude, as a matter of first impression, that they do not require proof that the charged firearm possession was connected with the underlying gang participation. We therefore reject appellant’s argument that his convictions under those statutes must be reversed.

Appellant also contends that the trial court erred in admitting evidence stemming from a dog scent discrimination lineup without first determining the scientific validity of that evidence; that there was insufficient evidence of premeditation and deliberation to support his first degree murder conviction; and that the trial court erred in denying his…