People v. Avitia
California Court of Appeal
[CERTIFIED FOR PARTIAL PUBLICATION*]
1Opinion of the Court
Opinion
ALDRICH, J.
Defendant and appellant Gerardo Avitia was convicted by a jury of discharging a firearm in a grossly negligent manner and possession of an assault weapon, and sentenced to two years in prison. Although no Penal Code section 186.22, subdivision (b)(1) 1 gang enhancement was alleged, and although there was no evidence the charged crimes were related to any gang activity, the trial court admitted, over Avitia’s objection, evidence that gang graffiti was found in Avitia’s bedroom. In the published portion of the opinion, we conclude that admission of this evidence, which was…
2Cases cited17 opinions
- People v. WaidlaCalifornia Supreme Court · 2000
- People v. WilliamsCalifornia Supreme Court · 1997
- People v. RodriguezCalifornia Supreme Court · 1999
- People v. BrownCalifornia Supreme Court · 2003
- People v. GuruleCalifornia Supreme Court · 2002
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3Cited by41 opinions
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