P. v. Fenstermacher
A jury convicted Jason Lee Fenstermacher of one count of assault as a hate crime (Pen. Code, 240, 422.7, subd. (a)), with a true finding on a gang enhancement (id., 186.22, subd. (b)), and one count of street terrorism (id., 186.22, subd. (a)). (All further statutory references are to the Penal Code).[1] The trial court sentenced Fenstermacher to consecutive prison terms of two years for assault as a hate crime, three years for the gang enhancement, eight months for street terrorism, and one year each for two prison term prior convictions, for an aggregate sentence of seven years eight months. Fenstermacher argues the evidence was insufficient to support the conviction for street terrorism and the true finding on the gang enhancement. Court disagree and affirm.
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