Gallardo

*55 Appellants Angel Gallardo, Michael Gallardo and Smith Garcia were charged with one count of murder, two counts of attempted murder and one count of shooting at an occupied car. The prosecution alleged the appellants and a fourth co-defendant, Felipe Ramos, had jointly conducted a drive-by shooting of three rival gang members, one of whom died. The primary piece of evidence at trial was a surreptitiously-recorded jailhouse conversation between Angel Gallardo and two paid informants who were posing as inmates. During the conversation, Angel claimed that Michael drove Garcia to shoot the victims, while he waited around the corner in a second "getaway" vehicle. Co-defendant Ramos was not mentioned on the tape.

The jury convicted Smith Garcia of first degree murder, and Angel and Michael Gallardo of second degree murder. The jury also found appellants guilty of the remaining three counts. The jury could not reach a verdict with respect to Ramos.

*56 On appeal, Garcia and Michael Gallardo argue the admission of Angel's jailhouse statement violated their Sixth Amendment rights under Crawford v. Washington (2004) 541 U.S. 36 , 124 S.Ct. 1354 , 158 L.Ed.2d 177 ( Crawford ) and Bruton…