People v. Donald CA1/3

introduction of improper character evidence, and in certain other respects we shall discuss below. We conclude there were no prejudicial errors and shall affirm the judgment. Factual and Procedural History Defendant was charged with one count of murder (Pen. Code, § 187);1 one count of attempted murder (§§ 187, 664); one count of shooting at an occupied motor vehicle (§ 246) and one count of shooting from a motor vehicle (§ 12034, subd. (d).). The indictment also alleged in connection with all counts that defendant personally used a firearm (§ 12022.53) and committed the offenses to benefit a street gang (§ 186.22).

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

1 The following evidence was presented at trial: Around 10:00 p.m., on June 25, 2010, Asama Ayyad and Odey Saeidah were driving in a white Lexus with tinted windows on Bissell Avenue in Richmond, California. While at the intersection of Bissell and 22nd Street, Saeidah, the passenger, looked in the right side view mirror and noticed a white van approach. The van pulled up on the passenger side of the Lexus. Saeidah saw an African-American male in a white t- shirt “hanging out of the window.” The…