P. v. Morales
Defendant Miguel Angel Morales appeals from judgment entered following jury convictions for robbery (Pen. Code, 211; count 1)[1]and possession of a firearm by a felon ( 12021, subd. (a)(1)). The jury also found true the allegation that defendant personally used a firearm as to count 1 ( 12022.53, subd. (b), 1192.7, subd. (c)(8)). The parties stipulated that, as to count 2, defendant had previously been convicted of a felony, and the trial court found true the prior strike allegation ( 667, subds. (c) and (e)(1), 1170.12, subd. (c)(1)). In a bifurcated trial, the jury also found true the gang enhancement on the robbery count ( 186.22, subd. (b)).
The trial court sentenced defendant to a prison term of 26 years. Defendant contends the trial court abused its discretion in denying his motion for mistrial. Defendant also argues in his opening brief and in a supplemental brief that there was insufficient evidence supporting the gang enhancement. Court conclude there was no prejudicial error and affirm the judgment.
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