People v. Moisa CA5

INTRODUCTION

A jury convicted defendant John Moisa IV of first degree murder with a firearm enhancement after he repeatedly shot at an individual outside of a party. The victim suffered six gunshot wounds and died as a result of the shooting. At trial, defendant testified on his own behalf that the victim pulled something from his waistband defendant believed to be a gun or knife; defendant feared for his life and shot him. Defendant admitted lying to police after the incident and denying he fired the gun or knew who committed the shooting. However, as the questioning progressed, he told the police he had lied and admitted to the shooting. In multiple issues on appeal, defendant argued: (1) the court erred in admitting gang evidence because it was irrelevant and more prejudicial than probative; (2) the court prejudicially erred in instructing the jury with CALCRIM No. 371 regarding adoptive admissions and (3) with CALCRIM No. 361 regarding the failure to explain or deny adverse testimony because the instructions were unsupported by the evidence and violated defendant’s due process rights; (4) the cumulative effect of these errors resulted in a violation of defendant’s due process…