P. v. Sotelo
Moises Sotelo appeals the judgment entered after a jury convicted him of attempted murder (Pen. Code[1], 187, subd. (a), 664), aggravated mayhem ( 205), and assault with a deadly weapon ( 245, subd. (a)(1)). The jury also found true the allegation that the offenses were committed for the benefit of a criminal street gang ( 186.22, subd. (b)(1)). In a bifurcated trial, the trial court found true allegations that Sotelo had served a prior prison term (667.5, subd. (b)) and had suffered a prior conviction that qualified as a strike and a serious felony ( 667, subds. (a), (d)(1), (e)(1), 1170.12, subds. (b)(1), (c)(1)). He was sentenced to a total state prison term of 30 years to life plus 33 years. He contends (1) the evidence is insufficient to support his conviction for aggravated mayhem; (2) there is insufficient evidence supporting the gang enhancement finding; (3) the trial court erred in refusing to stay his sentence on the attempted murder count pursuant to section 654; and (4) he was sentenced to the upper term on the attempted murder count in violation of Cunningham v. California (2007) 549 U.S. [127 S.Ct. 856, 166 L.Ed.2d 856] (Cunningham). Court affirm.
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