P.

BACKGROUND

At trial, Hays did not dispute he fired seven rounds from a handgun he owned (a 10-millimeter Glock) at Rolling 60’s Crips gang members and associates, while he was a passenger in a vehicle driving on Crenshaw Boulevard at about 3:50 a.m. on May 15, 2005. Hays claimed he fired his gun in self-defense as two or three men on foot chased the vehicle Hays was riding in and fired upon it. The prosecution argued Hays committed premeditated murder and attempted murder, which was motivated by Hays’s association with the Inglewood Family Bloods gang, a neighboring gang and “violent” enemy of the Rolling 60’s Crips. Because there was no criminal street gang enhancement allegation alleged in the information,1 the trial court ruled the prosecution must put on its evidence of the murder and attempted murders before it could call its gang expert to testify regarding the purported motive for the crimes. Prosecution Evidence Sometime after 3:00 a.m. on May 15, 2005, Jamal Wallace, an admitted Rolling 60’s Crips gang member, and Timothy Green, a Rolling 60’s associate, were socializing

1 At the preliminary hearing, the prosecution did not present evidence to support the gang…