P.

I. INTRODUCTION

Defendants and appellants, Justin Tyme Hayes, Derek Shane O’Brien, and Mark

Anthony Wisler, are members or associates of the Coors Skins (Coors), a White

supremacist gang. On an evening in November 2008, they, among others, beat a

Hispanic man into a coma. Separate juries convicted them of attempted murder, active

participation in a criminal street gang, and assault by means of force likely to cause great

bodily injury. Each jury also found true allegations that defendants personally inflicted

great bodily injury and that the crimes were committed for the benefit of, at the direction

of, or in association with a criminal street gang. Wisler’s jury found true the allegation

that the attempted murder was premeditated and deliberate; Hayes’s jury and O’Brien’s

jury found the same allegation not true. Hayes and O’Brien were each sentenced to

prison for 22 years 8 months. Wisler was sentenced to a prison term of 21 years to life.

Each defendant contends (or joins in the contentions of his codefendants) that the

court erred by: (1) denying a motion to sever the gang participation count and bifurcate

the trial of the gang enhancement allegations; (2)…