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People v. Medina4/10/2003
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
A jury convicted David Medina of four counts of first degree murder (Pen. Code, § 187, subd. (a)) and five counts of first degree attempted murder (§§ 664/187, subd.(a), 189) in connection with three separate shooting incidents. With respect to all counts, the jury found Medina committed the crimes to assist a criminal street gang (§ 186.22, subd. (b)(1)). On two counts, the jury found Medina personally used a firearm within the meaning of section 12022.5, subdivision (a)(1); on the remaining counts, the jury found Medina personally discharged a firearm within the meaning of section 12022.53, subdivisions (c) and (e)(1). The jury also found true two special circumstances: multiple murders (§ 190.2, subd. (a)(3)); and drive-by shooting (id., subd. (a)(21)).
The trial court sentenced Medina to four consecutive terms of life without parole for the murders, five consecutive terms of life with the possibility of parole for the attempted murders, and a consecutive determinate term of 156 years for the firearm and gang enhancements.
Medina appeals, contending (1) an audiotape of his rap songs should not have been admitted; (2) the prosecutor committed misconduct by improperly using the rap song lyrics as character evidence; (3) his motion to suppress evidence taken from the trunk of his car should have been granted; (4) it was error not to sever the counts; and (5) the cumulative effect of the errors denied him a fair trial.
FACTS
Medina was a documented member of the Southeast Locos, a nonterritorial street gang. His moniker was "Happy." Other members of the Southeast Locos were Ruben Bernal ("Bandit"), Julio Aguilar ("Clever"), Jessie Charles ("Sleepy"), Michael Sierra ("Rascal"), David Bury ("Dracks"), Jose Astorga ("Woody"), and Rafael Hernandez ("Morro"). Several of the Southeast Locos, including Medina, associated with a "party crew" known as Lords Entertainment or the Lords. The Lords included Eduardo Garcia ("Toro"), his brother Jesus Garcia ("Chuy"), Michael Reyes and Isaac Lopez. The Garcia residence, also known as the "Love Shack," was a frequent gathering place.
Medina did not look like the typical gang member; people often remarked he looked like he belonged in La Jolla. Although he joined Southeast Locos when he was about 15 years old, Medina graduated from the University of California, San Diego, and was working for the San Diego Fair Housing Commission. However, Medina continued to associate with the gang during and after college.
Jefferson Street Incident
On the evening of June 21, 1996, three carloads of Southeast Locos members were driving in Chula Vista when the vehicles stopped at a traffic light at the intersection of Broadway and K Street. In the lead was Medina, driving a green Ford Taurus, with Aguilar in the front passenger seat and Ricky Romero ("Green Eyes") in the rear seat. The next car was a blue Honda Prelude driven by Charles; the passengers were Sierra and Bury. Elsa Rodriguez ("Chata") drove a red Ford Escort; the passengers were Hernandez, Giselle Serrano ("Moreno") and Ana Ramirez ("Smiley").
Standing on the corner were Jose Martinez, Alejandro Gutierrez and Daniel Russell, members of the rival Varrio Chula Vista gang, and Jose's older brother, Hector Martinez, who was not a gang member. The two gangs exchanged gang signs an
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