People v. Machua CA2/4

INTRODUCTION

Defendant Anthony Machuca appeals from the judgment entered following his conviction by jury of murder, with special allegations regarding use of a gun and association with a gang. Defendant was sentenced to 50 years to life and ordered to pay various fines and fees. He contends the trial court made two erroneous and prejudicial evidentiary rulings: (1) admitting statements by defendant’s companion implicating defendant in the murder under the adoptive admission exception to the hearsay rule; and (2) excluding evidence of third party culpability that defendant claims raises a reasonable doubt as to his guilt. We find no error and therefore affirm.

FACTUAL AND PROCEDURAL HISTORY

A. Procedural Background An information filed on November 26, 2012, charged defendant with one count of murder. (Pen. Code, § 187, subd. (a).)1 The information further contained special allegations that defendant discharged a handgun, causing great bodily injury and death (§ 12022.53, subd. (d)), and that the offense was committed for the benefit of, at the direction of, and in association with, a criminal street gang (§ 186.22, subd. (b)(1)(C)). Defendant pled not guilty and denied the…