California Court of Appeal

Sentences for convictions of charges arising out of robberies defendants committed together, enhanced for gang-related crimes, Pen. Code section 186.22 (b)(1), are affirmed over claims that: 1) the trial court abused its discretion in failing to bifurcate trial of the gang enhancements; 2) pretrial identification procedures were unduly suggestive; 3) jury instructions allowed the jurors to equate motive with intent, lessening the burden needed for conviction; and 4) the prosecution failed to produce sufficient evidence showing that the charged offenses benefited a criminal gang for the purposes of the alleged gang enhancements.

Appellate Information

• Published 2016/02/22

Judges

• BENKE

Court

• California Court of Appeal

Counsel