P.v . Gutierrez
A jury found appellant Johnny Gabriel Gutierrez guilty of two counts of assault by means of force likely to cause great bodily injury (Pen. Code,[1] 245, subd. (a)(1)). As to the first count, the jury found true that the assault resulted in great bodily injury to the victim ( 12022.7), and as to both counts the jury found true that the assault was committed for the benefit of a criminal street gang ( 186.22, subd. (b)(1)(A) & (C)). In a bifurcated proceeding, appellant waived a jury trial on allegations of prior serious felony convictions for purposes of section 667, subdivision (a) and the three strikes law ( 1170.12). The trial court found the prior conviction allegations to be true. Appellant was sentenced to a total of 27 years in prison, and now appeals, claiming that the gang enhancements were not supported by substantial evidence. For the reasons that follow, Court affirm the judgment and order correction of a clerical error in the abstract of judgment.
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