P. v. Barron
P. v. Barron
10:25:2008
Defendant Jorge Ricardo Chavez appeals his conviction of one count of a lewd act upon a minor (Pen. Code, 288, subd. (a)).[1] Defendant contends that the trial court (1) violated the ex post facto clause by instructing the jury with the statute of limitations imposed by section 803, subdivision (f)(1), which was not in effect at the time of the crimes; (2) erred in sentencing him under the 2007 amendments to the Determinate Sentencing Law; and (3) erred in instructing with CALCRIM No. 1191. We affirm.
10:25:2008
| Description | Jose Ignacio Barron was convicted by jury of assault by means of force likely to produce great bodily injury and the jury found true the allegation that the offense was committed for the benefit of a criminal street gang. (Pen. Code, 245, subd. (a)(1); 186.22.)[1] Appellant filed a motion for a new trial, which was denied. He was sentenced to a total term of nine years in state prison, consisting of the upper term of four years for the assault, plus a five-year gang enhancement. Appellant claims the trial court erred by admitting the facts surrounding his prior conviction to establish a predicate act. He therefore asserts that the gang enhancement should be stricken. Court affirm but remand for resentencing on the gang enhancement. |
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