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38, subdivision a, is unconvincing and misapplied. Our Supreme Court held that no special relationship existed because the officer did not induce reliance because he did not tell the motorist that he would obtain information or preserve evidence. 7 itself authorizes multiple enhancements under the circumstances here. Five other people were at the house, including Carrillo. As they passed Leons residence, Leon was standing on the sidewalk; he threw his hands up as if to challenge them, then walked away toward his parked Chevrolet in the driveway. It is not necessary to show threats against the witness were made by the defendant personally, or the witnesss fear of retaliation is directly linked to the defendant for the evidence to be admissible. Finally, Sanchez contends Detective Puentes testimony on the ultimate issue of the crimes benefit to the gang exceeded the bounds of permissible opinion testimony and invaded the province of the jury.

Soon thereafter, a sheriffs deputy arrived. Evidence that defendant committed his burglaries with Nolan Taylor, another gang member, and that they and their lookouts immediately attempted to pawn the items for money, further supports an inference that the crime was in association with the Edgemont Criminals gang. Plaintiffs had no reason to disbelieve Fraser and placing their confidence in him, took no further action. FSB803767 O P I N I O N APPEAL from the Superior Court of.

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