California Court of Appeal

Conviction and sentence for carjacking, simple assault (a lesser included offense of assault with a deadly weapon), and active participation in a criminal street gang are affirmed over claims that: 1) the evidence was insufficient to establish either the intent or immediate presence elements of carjacking; 2) the court erred in allowing into evidence his statement made during a booking interview that he was a member of a gang; and 3) the court erred in denying his motion to bifurcate the gang enhancements and sever the gang participation count.

Appellate Information

• Decided 02/08/2011
• Published 02/08/2011

Judges

• KING

Court

• California Court of Appeal

Counsel