People v. Silva CA4/2

I.

INTRODUCTION

A jury convicted defendant and appellant, Domenic Delano Silva, Jr., of one count 1 of first degree murder (Pen. Code, § 187, subd. (a)) and found true the special allegation

that he personally and intentionally discharged a firearm, which resulted in the victim’s

death (§ 12022.53, subd. (d)). The trial court sentenced defendant to consecutive terms

of 25 years to life in prison for the murder and 25 years to life in prison for the special

allegation.

On appeal, defendant argues: (1) the trial court erred by admitting a rap video

featuring him; (2) the trial court erroneously allowed the prosecution to ask a police

detective about whether defendant was a gang member; (3) the trial court failed to give a

limiting instruction to the jury; (4) substantial evidence does not support his conviction;

(5) the trial court erroneously instructed the jury on eye witness credibility with

CALCRIM No. 315; (6) these errors cumulatively require reversal; and (7) his trial

counsel was ineffective. Defendant also argues the matter must be remanded for various

sentencing issues.

In a previous opinion, we affirmed defendant’s convictions but remanded the

matter for…