Salvador

People v. Salvador

Good Law
198 Cal. Rptr. 3d 300·2016 Cal. App. LEXIS 83·244 Cal. App. 4th 741
Court of Appeal of CaliforniaFebruary 4, 2016A142488California4,859 words

Opinion

Lead Opinion

Richman, J.

*743 On the evening of December 13, 2008, Jane Doe stepped out of her car and met defendant Humberto Salvador and three other men, who dragged her into a brutalized nightmare. For his participation, defendant was convicted of 15 felonies with 98 enhancements, 1 and sentenced to 425 *302 *744 years and four months to life in state prison. Defendant contends the testimony of the prosecution's expert on criminal street gangs was based on improper hearsay material, and that defendant's cross-examination was unduly restricted. Defendant also contends the trial court erred when it instructed the jury that defendant's possible intoxication was not relevant to the issue of whether he formed the specific intent required for conviction on the kidnapping counts and two other charges where he was alleged to have aided and abetted others. Finally, defendant contends the trial court erred when it imposed consecutive ten-year gang enhancements terms on the ten counts carrying indeterminate life terms under section 667.61, the so-called "One Strike" law. We conclude that only the final contention has merit, that the inescapable logic of People v. Lopez (2005) 34 Cal.4th 1002 , 22 Cal.Rptr.3d 869…

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