P. v. Potts
Jordan Andrew Potts and United Levao (together Defendants) appeal from judgments entered upon their convictions of murdering Jesse Watson for the benefit of a criminal street gang. Defendants jointly assert that the trial court erred by refusing to accept a stipulation to the gang furtherance allegation. Alternatively, they argue that the allegation should have been removed from the trial by a motion to bifurcate and that their respective counsel provided ineffective assistance by not seeking to bifurcate the issue. They also argue that the trial court erred when it stayed the ten year gang enhancement, rather than striking it. Court agree that the ten-year gang enhancements must be stricken and the judgments modified so as to impose a 15-year minimum parole eligibility term. Court affirm the judgments as modified.
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