P. v. Garcia
Defendants Christian Antonio Garcia and Sergio Omardiaz Alonso appeal from a judgment of conviction entered after a jury found them guilty of assault with a deadly weapon (Pen. Code, 245, subd. (a)(1)).[1] The jury also found that each defendant personally inflicted great bodily injury ( 12022.7, subd. (a), 1203, subd. (e)(3)) and committed the offense for the benefit of a criminal street gang ( 186.22, subd. (b)(1)(C).) In a bifurcated proceeding, Alonso admitted the allegation that he had previously been convicted of a felony for which he had served a prison term ( 667.5, subd. (b)). The trial court sentenced defendants to 16 years in prison. On appeal, defendants contend: (1) the trial court erred in instructing the jury pursuant to CALCRIM No. 375; (2) there was insufficient evidence to support the gang enhancement finding; (3) the trial court abused its discretion in allowing the expert witness to state his opinion that defendants committed the assault with the specific intent to assist in criminal conduct by gang members; (4) the trial court abused its discretion by admitting photographs of gang symbols and signs; and (5) the abstract of judgment should be amended. Court find no error requiring reversal and affirm the judgment.
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