P. v. Rojas
A jury found appellant Asencion Rojas guilty of one count of shooting at an inhabited dwelling (Pen. Code,[1] 246); one count of assault with a semiautomatic firearm ( 245, subd. (b)), with a finding that appellant personally used a handgun ( 12022.5); one count of carrying a loaded firearm in a vehicle while an active participant in a criminal street gang ( 12031, subd. (a)(2)(C)); and two counts of having a concealed firearm in a vehicle ( 12025, subd. (a)(1)). The jury also found the crimes were committed for the benefit of a criminal street gang ( 186.22, subd. (b)(1)). The trial court sentenced appellant to 15 years to life for his conviction of shooting at an inhabited dwelling pursuant to section 186.22, subdivision (b)(4). The court imposed a concurrent term totaling 20 years for appellants conviction of assault with a semiautomatic firearm and the associated enhancements. The sentences on the remaining counts were stayed pursuant to section 654. On appeal, appellant contends: (1) insufficient evidence supports the gang enhancements; (2) the trial court prejudicially erred in instructing the jury that the defining primary activities of a criminal street gang could include non-statutorily enumerated offenses; and (3) the trial court committed sentencing error with respect to his conviction of shooting at an inhabited dwelling. Court disagree with appellants contentions and affirm the judgment.
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