P. v. Gonzalez
Defendant Manuel Mata Gonzalez was arrested following a carjacking and high speed chase through the streets of Paramount. He was convicted on count one of carjacking and on count two of evading a peace officer. As to count one, gang and weapon allegations were found true. On appeal, defendant challenges the sufficiency of the evidence to support the gang enhancement under Penal Code section 186.22, subdivision (b)(1) as well as the propriety of his sentence on count one. Defendant also filed a petition for writ of habeas corpus, alleging ineffective assistance of counsel at trial. Respondent also challenges defendants sentence on count two and claims the trial court failed to order sufficient court security fees.
Court conclude (i) substantial evidence does not support the gang enhancement, (ii) the sentence on count two is unclear due to disparity between the reporters transcript, abstract of judgment and sentencing minute order, and must be reversed, and (iii) the trial court failed to assess sufficient court security fees. Court deny the petition for writ of habeas corpus.
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