Martinez
People v. Martinez
Opinion
lead Opinion
Miller, J.
*855 A jury found defendant and appellant Hector Martinez guilty of (1) driving or taking a vehicle valued at over $950, without the owner's consent ( Veh. Code, § 10851, subd. (a) ); and (2) possessing burglary tools ( Pen. Code, § 466 ). In regard to the vehicle offense, the jury found true the allegation that the crime was committed in association with a criminal street gang. ( Pen. Code, § 186.22, subd. (b)(1)(A).) The court found true the allegation that defendant suffered a prior conviction for driving or taking a vehicle without the owner's consent ( Veh. Code, § 10851, subd. (a) ). ( Pen. Code, § 666.5, subd. (a).) The trial court also found true the allegations that defendant suffered three prior convictions for which he served prison terms. ( Pen. Code, § 667.5, subd. (b).) The trial court sentenced defendant to prison for a term of eight years.
Defendant contends the gang enhancement should be reversed due to the gang *274 expert's reliance on testimonial hearsay and case-specific hearsay. The People concede the gang expert's testimony included inadmissible hearsay, but assert the errors were harmless. We reverse the judgment in part.