P. v. Garcia
Appellant Daniel Tarin Garcia and a minor, M.B., assaulted Carlos. Appellant was charged in count 1 with assault with force likely to produce great bodily injury or with a deadly weapon; a special allegation that the offense was gang related was attached to this count. He was charged in count 2 with active participation in a street gang. Special allegations were attached to both counts alleging that appellant had one prior strike and one prior serious felony conviction resulting from a 2004 conviction for assault with a firearm. (Pen. Code, 245, (a)(2).) Jury trial was bifurcated. The jury found appellant guilty of assault with force likely to produce great bodily injury and it found true the allegation that this crime was gang related. (Pen. Code, 245, subd. (a)(1); 186.22, subd. (b)(1)(B).) The jury was not able to return a verdict on count 2; this count subsequently was dismissed. The court found true the special allegations that appellant had a prior strike and a prior serious felony conviction. (Pen. Code, 1170.12, subd. (c)(1); 667, subd. (a)(1).) Appellant was on probation when he committed the current offense and the court determined that appellant violated the terms of his probation. Appellant was sentenced to an aggregate term of 15 years imprisonment.
Appellant argues the prosecutor committed misconduct during his closing argument, the gang expert was improperly permitted to testify about appellants specific intent and the court erred by admitting evidence of statements appellant made to a jail classification officer in 2004 and 2006. None of these arguments is persuasive and his related ineffective assistance claims are equally unconvincing. Court affirm.
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