P. v. Maldonado
Defendant Robert Malachi Maldonado was convicted after jury trial of attempting to dissuade a witness by use of force or threat of force (Pen. Code, 136.1, subd. (c)(1))[1] for the benefit of and in association with a criminal street gang ( 186.22, subd. (b)(4)). Defendant admitted that he had a prior conviction that qualified as both a serious felony ( 667, subd. (a)) and a strike ( 667, subds. (b)-(i); 1170.12). The trial court denied defendants request to strike the prior and the punishment for the gang enhancement, and sentenced him to prison for the indeterminate term of 14 years to life consecutive to the determinate term of five years. On appeal, defendant contends that (1) his conviction for witness intimidation must be reversed as the record affirmatively demonstrates that the jury relied on a factually inadequate theory to find him guilty, (2) there is insufficient evidence to support the gang enhancement, and (3) the trial court abused its discretion in denying defendants motion to strike the punishment for the gang enhancement. As Court find no error or abuse of discretion, Court will affirm the judgment.
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