People v. Olmedo CA4/3

INTRODUCTION

Gustavo Barrera Olmedo appeals from the judgment entered after a jury found him guilty of attempted premeditated murder and shooting at an occupied motor vehicle, in connection with a shooting incident that occurred on September 9, 2010 at Sigler Park in Westminster. The jury also found true enhancement allegations that Olmedo intentionally and personally discharged a firearm in the commission of the offenses and committed the offenses in furtherance of criminal street gang activity by the West Trece criminal street gang. Olmedo contends his convictions must be reversed “because the only evidence that he was the shooter—or even present at the shooting— came from admitted accomplices and no sufficient corroborating evidence connected [Olmedo] with the crimes.” Olmedo also argues he is entitled to three additional days of presentence custody credits. We affirm. We conclude independent evidence reasonably tending to connect Olmedo to the commission of the charged offenses as the gunman corroborated the accomplices’ testimony. That independent evidence included gang expert witness testimony and the victim’s testimony establishing Olmedo’s motive, Olmedo’s testimony…