People v. Jaimes

Defendant was convicted, after jury trial, of first degree murder and attempted first-degree murder, and sentenced to total 70 years; Defendant's brother (passenger in vehicle Defendant was driving) shot and killed a man after Defendant flashed gang symbol at member of rival gang. Although evidence did not establish that brother was in a gang, jury could reasonably infer that their familial relationship was basis for them to work in concert. Court properly allowed evidence that Defendant had told witnesses of his past gang activity, as State's theory of reason for altercation was that Defendant and victim were in rival gangs. (JORGENSEN and BIRKETT, concurring.)