P. v. McDowell
A jury convicted defendant Jonathan Dewitt McDowell of two criminal offenses committed on November 7, 2007: one count of selling cocaine base with the intent to promote a criminal street gang (Health & Saf. Code, 11352, subd. (a); 186.22, subd. (b)); and one count of active participation in a criminal street gang. ( 186.22, subd. (a).) The court sentenced defendant to a total prison term of six years eight months.
On appeal, defendant challenges his conviction on count 1 for the omission of a unanimity instruction. On count 2, he protests the courts failure to define expressly the meaning of the phrase felonious criminal conduct as used in CALCRIM No. 1400. Defendant also contends defendants eight-month sentence for the street gang conviction on count 2 should be stayed under section 654. We accept the latter contention and order defendants sentence modified. Otherwise, Court affirm the judgment.
Comments on P. v. McDowell