P. v. Cruz
Enrique Cruz appeals from the judgment entered following a jury trial in which he was convicted of robbery (Pen. Code, 211,[1]count 1), assault with a firearm ( 245, subd. (a)(2), count 2), shooting at an occupied motor vehicle ( 246, count 3), carrying a concealed firearm while an occupant of a vehicle ( 12025, subd. (a)(3), count 4), attempted murder ( 664/187, count 5), and carrying a loaded firearm while an active participant in a criminal street gang ( 12031, subd. (a)(1), (2)(C), count 6). In addition, gang enhancements ( 186.22, subd. (b)(1)(A), (1)(C)) were found on counts 1 through 5, firearm enhancements under section 12022.5, subdivision (a) were found on counts 2 and 3, and firearm enhancements under section 12022.53, subdivision (c) were found on counts 3 and 5. Defendant contends that the trial court erred in permitting the filing of amendments to the information to add counts 5 and 6; that his convictions on counts 1, 4, 5 and 6, as well as the street gang findings, were not supported by substantial evidence; that the trial court committed instructional error; that trial counsel rendered ineffective assistance in various respects; and that errors were made in sentencing.
Comments on P. v. Cruz