California Court of Appeal
People v. Salvador, 142488
Sentence and conviction for kidnapping and rape crimes with gang enhancements are: 1) affirmed as to conviction where, although there was some improper expert testimony heard by the jury, in light of People v. Sanchez (2016) 63 Cal.4th 665, it was harmless; and 2) remanded for resentencing where the inescapable logic of People v. Lopez (2005) 34 Cal.4th 1002 establishes that the gang enhancements are not authorized by Penal Code section 186.22, and must be stricken.
Appellate Information
- Published 2017/05/04
Judges
- RICHMAN
Court
- California Court of Appeal