People v. Rattler CA2/5

INTRODUCTION

A jury convicted defendant and appellant JaJuan Rattler of possession of a firearm by a felon. (Pen. Code, § 29800, subd. (a)(1)1.) Defendant admitted that he suffered four prior felony convictions within the meaning of the “Three Strikes” law (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)) and two prior felony convictions within the meaning of section 667.5, subdivision (b). The trial court sentenced defendant to six years in state prison. On appeal, defendant contends that the trial court abused its discretion in permitting the prosecution to present gang evidence. We affirm.

BACKGROUND

About 5:15 a.m. on May 4, 2014, Los Angeles Police Department Officer Jeremy Miller and his partner Conor Sever patrolled the area around 73rd and Main Streets. Recently, there had been a number of automobile burglaries and vandalisms in the area. While on patrol, Officer Miller saw a man standing close to and nearly between some parked cars. The man caught Officer Miller’s attention because he was wearing all dark clothing, including a baseball cap “with a white Cincinnati C on it.” Officer Miller took note of the cap because “[t]hat cap . . . can sometimes be indicative of a…