P. v. Baquedano
Mark Alexander Baquedano was charged with assault with a deadly weapon. (Pen. Code, 245, subd. (a).)[1] The information further alleged that Baquedano committed the crime for the benefit of a criminal street gang pursuant to section 186.22, subdivision (b)(1)(A). Baquedano waived a jury trial. The trial court found him guilty of assault with a deadly weapon and found the gang allegation to be true. The court sentenced Baquedano to the upper term of four years for the assault and five years for the gang enhancement.
Because the maximum term under section 186.22, subdivision (b)(1)(A), is four years, Court reduce the sentence for the gang enhancement to four years. In all other respects Court affirm.
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