P. v. Chavez
A jury convicted Jose Mario Chavez of two counts of aggravated assault, one count of dissuading a witness from reporting a crime and one count of possession of methamphetamine and found specially alleged criminal street gang, firearm-use and hate crime enhancements to be true. The trial court sentenced Chavez to an aggregated state prison term of 47 years to life. On appeal Chavez contends the evidence was insufficient to support the gang enhancements and the court committed prejudicial error by instructing the jury on different (and lesser) hate crime enhancements than those alleged in the information. He also asserts the trial court made several sentencing errors. We modify the sentence to accurately reflect the jury's findings on the hate crime enhancements and to correct two other errors resulting in an unauthorized sentence. In all other respects, court affirm.
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