Saucedo

A jury convicted appellant of second degree murder (Pen. Code, 1 § 187) and found true a personal use of a firearm allegation (§ 12022.5, subd. (a)). Appellant was sentenced to state prison for 20 years to life.

Appellant contends (1) it was error to admit the preliminary hearing testimony of Gwendolyn Davidson because the prosecution failed to exercise reasonable diligence to procure her attendance at trial (Evid. Code, § 240), (2) the trial court erroneously denied his section 1538.5 motion, and (3) the trial court improperly admitted “gang” evidence. We find no error and affirm the judgment.

Factual Background

There being no insufficiency of evidence claim, the facts may be stated simply. Our perspective favors the judgment. (People v. Barnes (1986) 42 Cal.3d 284, 303-304 [ 228 Cal.Rptr. 228 , 721 P.2d 110 ].)

*1233 On the night of September 6, 1991, Matt Cruz (the victim) and his cousin Richard Calderon went to visit Gwendolyn Davidson and others at Ms. Davidson’s boyfriend’s house on Savannah Street in Los Angeles. When Cruz and Calderon arrived they were accosted by a group of about seven young men who asked them where they were from and what they wanted. An…