Defendant's murder and street terrorism convictions are affirmed where: 1) defendant's prior conviction for extortion was admissible to prove the charge of street terrorism against him; 2) a witness's statement that his sister had been executed did not necessarily implicate defendant; and 3) the trial court erred in using the same factor to both enhance defendant's sentence and to run it consecutively, but the error was harmless.
Filed August 31, 2009
Opinion by Judge Sills
Marleigh A. Kopas, Topanga, CA
Lise S. Jacobson, Deputy Attorney General