P. v. Robinson

Filed 9/7/06 P. v. Robinson CA2/4

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FOUR

APPEAL from a judgment of the Superior Court of Los Angeles County, Judith Champagne, Judge. Affirmed.

John F. Schuck, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Michael C. Keller and Analee J. Brodie, Deputy Attorneys General, for Plaintiff and Respondent.

Appellant Joel D. Robinson appeals from his conviction on charges of assault, possession of a firearm, carrying a concealed weapon, and shooting at an occupied vehicle. Appellant contends that the trial court abused its discretion in excluding evidence of a prosecution witness's prior criminal conduct and refusing a request for a continuance when a defense witness failed to appear. Appellant further contends that there was insufficient evidence to establish a gang enhancement under Penal Code section 186.22, subdivision (b)(1)^[1] and that the court improperly considered aggravating factors in determining his sentence. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

Appellant was charged by information with shooting at an occupied vehicle (§ 246) in count one; assault with a firearm (§ 245, subd. (a)(2)) in counts two and three; possession of a firearm by an ex-felon (§ 12021, subd. (a)(1)) in count four; and carrying a concealed weapon (§ 12025, subd. (a)(2)) in count five. It was further alleged that appellant committed these crimes â€