People v. Moreno CA2/5

INTRODUCTION

Defendants and appellants Steve Moreno and Luis Moreno1 (defendants) were convicted of four counts of attempted premeditated and deliberate murder (Pen. Code, §§ 187, subd. (a), and 6642), four counts of assault with a firearm (§ 245, subd. (a)(2)), and one count of shooting at an occupied vehicle (§ 246). On appeal, defendants contend that there is insufficient evidence that Steve shot the gun and Luis was the driver of the vehicle; the trial court erred in allowing the prosecutor’s expert witness to testify; and the trial court erred in admitting a bullet fragment retrieved shortly before trial. We affirm the judgment.

BACKGROUND

A. Factual Background

1. Prosecution Evidence Luis is Leticia Mejia’s boyfriend of eight years, and together they have two children. In April or May 2011, Luis was paroled from a previous conviction. In June 2011 Luis and Mejia lived in separate houses located on the same property in El Monte, California. Luis resided in the same house as his brother, Steve. Mejia has known Steve since about 2005, and she described Luis and Steve as having a close relationship. In October 2005 Rachael Ochoa purchased her silver 2001 BMW X5 as a…