People v. Arroyo CA4/1

INTRODUCTION

A jury convicted Rene Arroyo of assaulting his sister (Pen. Code,1 § 240; count

1); assaulting his brother-in-law with a firearm (§ 245, subd. (a)(2); count 2); criminally

threatening his sister (§ 422; count 3); being a felon in possession of a firearm (§ 29800,

subd. (a)(1); count 4); and assaulting his sister by means of force likely to produce great

bodily injury (§ 245, subd. (a)(4); count 7). As to the count 3 criminal threats conviction,

the jury additionally found Arroyo was armed with a firearm at the time he committed the

offense (§ 12022, subd. (a)(1).2 Arroyo further admitted having six prior prison

commitment convictions (§ 667.5, subd. (b)), two prior serious felony convictions (§ 667,

subd. (a)(1)), and two prior strike convictions (id., subd. (b)-(i)). The court sentenced

him to a determinate term of 18 years and a consecutive indeterminate term of 25 years to

life in state prison.

Arroyo appeals, contending his trial counsel provided ineffective assistance by

failing to object to the admission of gang expert testimony and other gang-related

evidence. He also contends there was insufficient evidence he assaulted his sister with

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