2Having received post-remand written [and oral] argument from the parties, wenow conclude that no prejudice appears on the record before us. We also consider Townley's assertions that (1) he was deprived of his Sixth Amendment right of confrontation during cross-examination of the prosecution witness; (2) the prosecutor engaged in "egregious" misconduct at trial; and (3) the trial judge improperly commentedon Flores's credibility. We find no prejudicial error on these grounds, however, andtherefore must affirm the judgment.
Seventeen-year-old Townley was accused by information with attempted murder,committed with three accomplices: 18-year-old Jose Ruben Rocha, 16-year-old JesseCarranco, and 18-year-old Noe Flores. The charges arose from the gang-related shootingof Javier Lazaro around 9:00 p.m. on February 17, 2006. In a telephone call at about7:00 p.m. that night, Townley asked Flores to "do a ride." Flores drove his 1992 whiteHonda Accord to pick up Townley and his girlfriend, Amanda Johnston, in Santa Cruz.Once in the car, Townley showed Flores a small black handgun, which Flores handledand returned to Townley.Townley directed Flores to drive to Watsonville, where they picked up Carranco(known as "Little Huero") and Rocha (known as "Listo"), whom Flores had not met before. Townley was wearing People's Exhibit 23, a red and black plaid Pendleton shirt- jacket, which Johnston had given him as a gift. Carranco wore a red hooded sweatshirt;he had four dots tattooed on his knuckles, signifying his association with Northside, a Norteno gang.
Rocha wore a black flannel jacket with white in it. Flores wore black
According to gang expert Roy Morales, a sergeant in the Santa Cruz County sheriff'soffice, Nortenos and Surenos are rival Hispanic gangs. Nortenos identify with the color red, the letter N, the Huelga bird symbol, and various representations of the number 14.Surenos identify with the color blue, the letter M, and various representations of thenumber 13. "Scrap" or "scrapa" is a pejorative term Nortenos use for Surenos. Floreswas aware that Southerners associate with blue and Northerners associate with red.