People v. Yanez CA4/2

I. INTRODUCTION

On March 11, 2015, Gilbert Lopez died from gunshot wounds following a verbal

argument with defendant and appellant, Salvador Yanez IV. Defendant was charged and

convicted by a jury of the second degree murder of Lopez (Pen. Code, § 187, subd. (a))

and being a felon in possession of a firearm (§ 29800, subd. (a)(1)). The jury also found

true special allegations that defendant discharged a firearm and caused great bodily injury

or death in the commission of the murder. (§ 12022.53, subd. (d).) In a bifurcated

proceeding, the trial court found defendant had suffered a prior conviction for a serious or

violent felony pursuant to section 667, subdivision (a) and a prior strike conviction

pursuant to section 667, subdivisions (b) through (i). Defendant was sentenced to a total

of 60 years to life in state prison, representing 30 years to life for the murder conviction,

an additional 25 years to life for the firearm enhancement, and an additional consecutive

five years for the prior serious felony conviction.

On appeal, defendant contends: (1) the trial court abused its discretion in

admitting expert gang testimony which should have been excluded as unduly…