P. v. Salazar
A jury found Jonathan Ricardo Salazar guilty of conspiracy to commit aggravated assault (count 4), assault with a deadly weapon (count 5), robbery (count 6), assault by means of force likely to commit great bodily injury (count 7), conspiracy to commit vandalism (count 8), gang-related vandalism (count 9), active participation in a criminal street gang (counts 10 and 13), first degree burglary (count 11), and gang-related vandalism (count 12). The jury also found true great bodily injury enhancements and gang enhancements related to the above counts. It found Salazar not guilty of commercial burglary (count 2), the prosecution withdrew count 1, and the court dismissed count 3 (which were charges relating to the burglary).
On appeal, Salazar challenges the sufficiency of the evidence for the robbery and burglary convictions (counts 6 and 11), and he claims there was instructional error regarding count 6. We find these contentions lack merit and we affirm the convictions. However, we conclude there was error with respect to sentencing and the judgment must be reversed in part and remanded for resentencing.
Comments on P. v. Salazar