P. v. Sanchez
A jury found defendant Julian Sanchez guilty of two counts of assault with a deadly weapon other than a firearm (Pen. Code, § 245, subd. (a)(1)), two counts of robbery (§ 211),[1] and one count of actively participating in a criminal street gang (§ 186.22, subd. (a)(1)). In regard to the two assault convictions and two robbery convictions, the jury found true the allegations that defendant committed the offenses to benefit a criminal street gang. (§ 186.22, subd. (b)(1).)
Defendant admitted suffering two prior convictions for (1) robbery, in California (§ 211); and (2) willful or intentional discharge of a weapon at or into a dwelling or any building used for public or business purposes, in Oklahoma (21 Okl. St. § 1289.17A). The court found true the allegations that the two prior convictions (1) resulted in prison terms (§ 667.5, subd. (b)); (2) qualified as serious felony convictions (§ 667, subd. (a)); and (3) qualified as strike convictions (§§ 667, subds. (c) & (e)(2)(A), 1170.12, subd. (c)(2)(A).) The trial court sentenced defendant to prison for a determinate term of 36 years plus an indeterminate term of 25 years to life.
Defendant raises three arguments on appeal. First, defendant contends his sentence for actively participating in a criminal street gang (§ 186.22, subd. (a)(1)) should have been stayed because the act at issue was punished in a different way by a different provision of law (§ 654). Second, defendant asserts his sentence for the four gang enhancements (§ 186.22, subd. (b)(1)) should be modified to reflect concurrent terms. Third, defendant contends there is insufficient evidence the prior Oklahoma conviction qualifies as a serious felony and strike under California law. We affirm in part, and reverse in part.
Comments on P. v. Sanchez