The court conducted a hearing under Evidence Code section 402, during which Kale recounted statements that Jiminez had made to him on May 22, 2008. Kale acknowledged that he had taken Jiminez’s statement in anticipation of defendant’s trial. On appeal, defendant contends the trial court erred in disallowing the defense from calling a witness alleged to have been riding in the car during the shooting, and the prosecution exercised its peremptory challenges in a racially discriminatory manner in excusing Hispanic jurors.
Here, as mentioned, each defendant admitted his gang membership during a booking interview without the required Miranda advisements. We allowed the parties to address in supplemental briefs whether the admission of these statements violated Elizalde, supra, 61 Cal.4th 523. Flores and Espinoza submitted briefs arguing Elizalde was violated and the error was prejudicial. In response, the Attorney General assumed such a violation occurred, but argued the error was harmless.19 We agree with Flores and Espinoza that Elizalde error occurred and address prejudice cumulatively with the Sanchez error, to which we now turn. The night of the burglary, Lara was hanging out in the main driveway beneath the carports with fellow gang members Lucero, Flores, and Espinoza.4 The four were drinking beer and smoking marijuana.
Prosecutors allege Aryan Brotherhood member Billy Sylvester murdered Ronald Richardson in the small, concrete yard inside B-3 Security Housing Unit at Folsom prison, where the unit’s inmates exercise, to gain entrance into the Brotherhood on Oct. 7, 2011. The jeans containing the handgun did not test positive for the frank mcgrath forearms presence of blood, while the others did test positive for blood. A Glock 9mm-magazine containing 10 rounds and 17 rounds of .22-caliber ammunition were also found in a separate bin in Flores’s apartment. Evidence relating to defendants’ gang membership will be set forth in the discussion portion of this opinion.
Also in the vehicle were court papers and traffic citations belonging to defendant. In the early morning hours of April 20, 2007, Stockton Police Detective Crescenciano Villanueva went to a residence in Modesto to look for a gray, two-door Cadillac. Department of Motor Vehicles records showed that Andres Andrade sold the Cadillac to defendant on the day before the shooting.3 The car was impounded, and the residence was searched. After Stockton allegedly stabbed Maynard to death on a High Desert prison yard, a confidential informant — described only as an ex-member of the “Sacramaniacs” prison gang — told federal prosecutors that Corbett hired Stockton for the hits because he did not like him. The idea, according to the informant, was to kill two birds with one stone; get rid of Maynard, while ensuring Stockton would be removed from that prison housing unit. Stockton was charged with two counts of murder in July 2018, according to Lassen County court records.
We also note Flores had a red bandana tied to his belt loops on the front of his pants when he was taken into custody two days after Lucero’s murder. We also note Calvetti testified she saw Lara holding what she believed to be a .45-caliber handgun after the burglary, although she admitted to knowing very little about guns. She further testified she did not see any dark cars parked in front of Lara’s house the morning Lucero was killed. According to Calvetti, Lara again came inside the house after the second round of gunshots, but before Flores and Espinoza departed in the white car.