Jasso

A jury convicted defendant Alexander Javier Jasso of attempted murder and other crimes arising from his shooting at people through a window at a McDonald’s restaurant in Prunedale. On appeal he claims that the prosecutor committed misconduct during the trial, that the trial court erred in allowing the jury to hear certain evidence and denying his motion to let the jury visit the crimes’ location, that there was insufficient evidence to punish him for his gang promotional activities, and that the trial was unfair when viewed as a whole.

We disagree and will affirm the judgment.

PROCEDURAL BACKGROUND

The jury convicted defendant of attempting to commit the first degree murder (Pen. Code, §§ 187, subd. (a), 189, 664) 1 of Alejandro Múñoz (Múñoz). The jury also convicted him of three counts of assault with a semiautomatic firearm (§ 245, subd. (b)) and one count each of willfully and *1357 maliciously shooting at an occupied building (§ 246) and gang-related street terrorism (§ 186.22, subd. (a)). The amended information had also charged him with the attempted first degree murder of Rafael Múñoz Flores (Flores), but the jury acquitted him of that charge.

The jury found…

I agree with my colleagues that the prosecutor’s comments regarding the California Supreme Court and the California Court of Appeal were inappropriate and amounted to prosecutorial misconduct but did not prejudice defendant.

“Under California law, a prosecutor commits reversible misconduct if he or she makes use of ‘deceptive or reprehensible methods’ when attempting to *1379 persuade either the trial court or the jury, and when it is reasonably probable that without such misconduct, an outcome more favorable to the defendant would have resulted. [Citation.] Under the federal Constitution, conduct by a prosecutor that does not result in the denial of the defendant’s specific constitutional rights—such as a comment upon the defendant’s invocation of the right to remain silent—but is otherwise worthy of condemnation, is not a constitutional violation unless the challenged action ‘ “so infected the trial with unfairness as to make the resulting conviction a denial of due process.” ’ ” (People v. Rundle (2008) 43 Cal.4th 76, 157 [ 74 Cal.Rptr.3d 454 , 180 P.3d 224 ] (Rundle), disapproved on another ground in People v. Doolin (2009) 45 Cal.4th 390, 421, fn. 22 [ 87 Cal.Rptr.3d 209 ,…