P. v. Gonzalez
Jessie Junior Gonzalez and Gabriel Daniel Morales (collectively appellants) were charged with robbery (Pen. Code, 211; count 1)[1] and street terrorism ( 186.22, subd. (a), with the robbery allegedly committed for the benefit of the MD 13 criminal street gang. Gonzalez was also charged with misdemeanor sexual battery ( 243.4, subd. (a); count 3), and it was alleged Morales had served two prior prison terms ( 667.5, subd. (b)). On February 8, 2007, a jury found Gonzalez and Morales guilty of robbery and street terrorism, and convicted Gonzalez of the lesser included offense of simple battery. The jury deadlocked on the criminal street gang enhancement and the court declared a mistrial. On November 6, a second jury found true the gang enhancement allegation related to the robbery conviction.
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