P. v. Moore
Although charged with four serious felonies that included attempted murder,[1] appellant was convicted of a sole count of possession of ammunition in violation of Penal Code section 12316, subdivision (b)(1).[2] The jury also found true the allegation that this offense was committed for the benefit of a criminal gang with the intent to promote and assist criminal conduct by gang members (hereafter referred to as the gang enhancement). The trial court found as an additional enhancement that appellant was on bail when he committed the offense of which he was found guilty (bail enhancement). Appellant admitted that he was convicted of grand theft in 1996.Appellant contends that there is insufficient evidence that he possessed ammunition and to support the jurys finding on the gang enhancement. He also contends that the trial court did not obtain a valid waiver of appellants rights to a trial on the prior felony conviction and that he did not receive the correct number of presentence credits. We agree with appellant that there is no evidence to support the jurys finding on the gang enhancement but disagree with the balance of his contentions, save the matter of presentence credit. Court affirm the judgment and remand with directions to correct the abstract of judgment to reflect our decision on the gang enhancement and with further directions to recalculate the presentence credit.
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