People v. Harris CA1/4

I.

INTRODUCTION

Appellant, who was associated with a gang, was convicted of the fatal shooting of two young men affiliated with a rival gang. Appellant was not charged with any gang- related crime or enhancement, but the trial court admitted stipulated facts about gangs, and evidence about appellant’s gang connections, to show appellant’s motive for the murders. Appellant was 17 years old at the time of the murders, but was tried as an adult, and sentenced to an indefinite prison term of 100 years to life. Appellant contends the trial court erred in admitting an excessive amount of gang evidence, as well as excessive and improper evidence of appellant’s telephone calls from jail. Appellant further contends he received ineffective assistance of counsel, in that his trial counsel should not have stipulated to background facts about the gangs with which appellant and the victims were associated; should have objected on authenticity grounds to the admission of electronic evidence derived from social media websites; and should have objected and requested a curative instruction when the prosecutor made an

1 assertedly improper comment on appellant’s exercise of his right not to…