P.

I. STATEMENT OF FACTS

Given Defendants’ issues on appeal, a shortened version of the facts will suffice;

however, further facts will be provided throughout the opinion as needed.

On the late evening of June 14, 2009, the Victim and Bryan Juarez, Michael

Hilliard, Juan Monge, and Juan Nieto went to Blair Park in San Bernardino to do some

target practicing with their airsoft2 guns. While at the park, Defendants approached

them. Defendant Ibarra had a black semiautomatic firearm pointed at them as Defendant

Sanchez went through everyone’s pockets. As Defendants began to walk away, the

Victim called out something to the effect of, “hey, if you put the gun down, we can

fight.” Defendant Ibarra, followed by Defendant Sanchez, immediately “[t]urned around

and took a few steps closer [to the Victim] and fired” into his face. Defendant Ibarra then

opened fire on the others. The Victim died.

II. GANG EXPERT TESTIMONY

Defendants contend the trial court erred in admitting testimony they were

affiliated with a gang. They argue the evidence was irrelevant and unduly prejudicial,

and that its admission violated their constitutional rights to due process and a fair trial.

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