State v. Sainz

OPINION

VOSS, Judge.

Osear D. Sainz (defendant) appeals his conviction of second degree murder, a class 1 felony. Defendant was sentenced to a mitigated term of thirteen years incarceration. We affirm the conviction and sentence as modified.

BACKGROUND

Between 1:00 and 2:00 a.m. on January 23, 1993, a group of gang members harassed defendant while he used a pay phone at a convenience store at Central Avenue and Baseline Road. Defendant then drove to a park where his friends, members of a different gang, congregated. Although defendant denied belonging to the gang, he often spent time with the…