P.

INTRODUCTION

Appellant Kerry D. Hastings fatally shot three men in separate criminal events that occurred in 2006, 2007 and 2009. During this time period he was an active member of the Eastside Crips gang. He was convicted after jury trial of 17 felonies that include three counts of premeditated murder with special circumstances, three counts of premeditated attempted murder, conspiracy to commit murder, robbery, illegal firearm possession and possession of controlled substances with intent to sell. He was sentenced to, inter alia, three terms of life imprisonment without the possibility of parole, to be served consecutively. In this opinion we hold that appellant‟s due process rights were not infringed by the loss of a photographic lineup. Also, we reject appellant‟s challenges to CALJIC No. 8.66.1 and conclude that his objections to admission of testimony that his mother threatened a witness and to portions of the gang expert‟s testimony do not have any merit. We conclude that count 10 is time barred because criminal proceedings began after expiration of the applicable statute of limitations. The conviction on count 10 will be reversed and the sentence imposed for this count…