People v. Delacruz CA4/2

INTRODUCTION

On January 17, 2013, a jury convicted defendant and appellant Michael Wayne

Delacruz of the first degree murder of Ruben A. under Penal Code1 section 187,

subdivision (a), and found true a drive-by shooting special circumstance under section

190.2, subdivision (a)(21) and a personal gun use enhancement under sections 12022.53,

subdivision (c) and 1192.7, subdivision (c)(8). The trial court sentenced defendant to life

without the possibility of parole and imposed a consecutive twenty-year sentence for the

firearm enhancement.

On appeal, defendant contends that the trial court erred in admitting gang

evidence. For the reasons set forth below, we affirm the judgment.

II

STATEMENT OF FACTS

In the early morning hours of May 31, 2010, Ruben A. (the victim), who was

fourteen years old at the time, was with some friends outside his cousin’s apartment on

N. Alessandro Street in Hemet. Another apartment occupant was outside smoking when

a sport utility vehicle (SUV) passed the apartment complex; defendant kicked the rear

passenger door open and fired double aught buckshot from a shotgun. All nine shotgun

pellets from the cartridge hit the victim in his torso,…