People v. Thomas CA2/4

INTRODUCTION

Michael Deshawn Thomas appeals from a judgment and sentence, following his convictions for forcible rape of two child victims, committing lewd acts on the victims and for dissuading the victims from testifying. He contends that the trial court improperly allowed evidence that appellant was a gang member and improperly denied his motion for a mistrial on that basis. For the reasons stated below, we affirm.

PROCEDURAL HISTORY

In an amended information, appellant was charged with forcible rape of two 1 child victims (Pen. Code, § 261, subd. (a)(2); counts 1 & 2), forcible lewd act on a child under 14 years of age (§ 288, subd. (b)(1); count 3), forcible lewd act on a child 14 years of age by a person 10 years older (§ 288, subd. (c)(1); counts 4 & 5), and dissuading a witness by force or threat (§ 136.1, subd. (c)(1); counts 6 & 7). As to counts 1 through 3, it was further alleged that there were multiple victims (§ 667.61, subds. (b) & (e)). Appellant pled not guilty and denied the special allegations. Following a jury trial, appellant was found guilty as charged in counts 1 and 3 through 7. The jury found the multiple victims allegations to be true as to counts 1…