People v. Mendoza CA1/2

I. INTRODUCTION

Defendant was convicted of the first degree murder (Pen. Code, § 187, subd. (a))1of Luis Suarez as well as active participation in a criminal street gang (§ 186.22, subd. (a)). The jury also found true allegations that defendant was an active participant in a street gang who carried out the murder to further the activities of the gang (§§ 190.2, subd. (a)(22) and 186.22, subd. (b)(5)), personally and intentionally discharged a firearm causing death (§ 12022.53, subds. (b)-(e)) and personally inflicted great bodily injury (§ 12022.7, subd. (a)). Defendant was sentenced to life without the possibility of parole with an additional 25 years to life for use of a firearm causing injury and one year for a prior prison term. On appeal, defendant argues that the court erred in denying his new trial motion based on his assertion that his trial counsel was ineffective, that there was insufficient evidence to support the gang allegations, that the conviction for participation in a

1 All further statutory references are to the Penal Code, unless otherwise noted.

1 criminal street gang must be reversed and, if the conviction on count 2 is upheld, the trial court was required…