P. v. Martinez
A jury convicted Edward Martinez of attempted carjacking (Pen. Code, 215; 664, subd. (a); all statutory references are to this code), active participation in a criminal street gang ( 186.22, subd. (a)), and found to be true the allegation he committed attempted carjacking for the benefit of, at the direction of, or in association with any criminal street gang, with the specific intent to promote, further, or assist in any criminal conduct by gang members ( 186.22, subd. (b)(1)). Defendant challenges the sufficiency of the evidence to sustain the convictions and gang enhancement, and argues the trial court should have stayed the term imposed for active gang participation. For the reasons expressed below, Court affirm the judgment.
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