Valdez

A jury convicted Vincent Julian Valdez, Jr., of two counts of attempted murder, four counts of assault with a firearm, and two counts of street terrorism (Pen. Code, § 186.22, subd. (a)), arising from two separate drive-by shootings. 1 The jury also found numerous enhancement allegations to be true, including that Valdez committed the underlying offenses for the benefit of a criminal street gang (§ 186.22, subd. (b)), was armed and vicariously discharged a firearm in the first driveby shooting (§§ 12022, subd. (a)(1), 12022.53, subds. (d) & (e)(1)), and personally used and discharged a firearm in the second shooting (§§ 12022.5, subd. (a), 12022.53, subd. (c)).

Valdez raises a host of contentions on appeal. In the published portion of this opinion, we address Valdez’s challenge to a trial exhibit consisting of printouts of his MySpace social media Internet page, which the prosecution’s gang expert relied on in forming his opinion Valdez was an active gang member.

In the unpublished portion of the opinion, we address Valdez’s remaining contentions. Specifically, he argues the trial court erred by denying his motion to sever the street terrorism counts from the underlying…