P. v. Sosa
A jury convicted Gilbert Sosa, Jr., of six drug related charges and two counts of felony child endangerment. He appeals, contending substantial evidence does not support his convictions. He also contends that the conviction on one of the drug counts should be reversed because the trial court failed to give a unanimity instruction. Finally, he asserts that the trial court should have stayed the sentences on three of the drug counts because they arose from an indivisible course of conduct. As Court shall explain, we agree that substantial evidence does not support Sosa's convictions for child endangerment; accordingly, Court reverse the judgment on those counts. Court reject Sosa's claim that the trial court erred by failing to give a unanimity instruction because the prosecution made a valid election during closing argument. Finally, the People concede the sentencing error, but assert that the appropriate remedy is to remand the matter for resentencing. Court agree. Otherwise, Court affirm the judgment.
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