Bojorquez
People v. Bojorquez
Opinion
lead Opinion
Cooper, J.
Ismael Bojorquez appeals from the judgment rendered after a jury convicted him of robbery (Pen. Code, § 211; undesignated section references are to that code) and false imprisonment by violence (§ 236), and found that he personally used a firearm in committing both offenses (§§ 12022.5, subd. (a)(1), 12022.53, subd. (b)), and was armed when he committed the false imprisonment (§ 12022, subd. (a)(1)). Sentenced to a term of 16 years, he contends that the admission of testimony as to his and a defense witness’s gang affiliation, and about certain criminal characteristics of gangs, constituted reversible error. We conclude that although the evidence regarding common gang membership was admissible for impeachment, the court abused its discretion in further admitting wide-ranging testimony about gangs’ criminal tendencies. Because the error was prejudicial, we must reverse the judgment.
Facts
Appellant was charged together with Emiliano Gutierrez, who pled no contest to the robbery count at the commencement of trial and is not a party to this appeal. Viewed in accordance with the governing rules of appellate *338 review (People v. Ochoa (1993) 6 CalAth 1199, 1206 [ 26…