People v. Haro CA4/1

INTRODUCTION

A jury convicted Daniel Haro of first degree murder (Pen. Code,1 § 187,

subd. (a)), and attempted murder (§ 187, subd. (a), 664). Haro admitted having a prior

strike conviction (§§ 667, subds. (b)-(i), 1170.12), a prior serious felony conviction

(§ 667, subd. (a)(1)), and two prior prison commitment convictions (§ 667.5, subd. (b)).

The trial court sentenced him to a total prison term of 30 years plus 50 years to life.

Haro appeals, contending the trial court prejudicially erred in allowing the People

to admit gang evidence. He also contends there is insufficient evidence of premeditation

and deliberation to support his first degree murder conviction. We are not persuaded by

either contention and affirm the judgment.

BACKGROUND

Prosecution Evidence

The victim was staying at a flophouse along with Mirasol Sua, Daniel Gonzalez,

and Gonzalez's girlfriend, Amanda Sena.3 On the night of the victim's murder, Haro

went to the flophouse. Gonzalez, Sena, and the victim were there. Sua arrived a little

later. By then, a man named Tony was also there.

Further statutory references are also to the Penal Code unless otherwise stated.

Haro…