P.v. Ram
On August 19, 2010, a jury convicted Frank Richard Ram, Jr., of robbery in the second degree in violation of Penal Code[1] section 211 (count 1), assault with a deadly weapon in violation of section 245, subdivision (a)(1) (count 2) and active participation in a criminal street gang in violation of section 186.22, subdivision (a)(1) (count 3). The jury further found Ram committed the first two offenses for the benefit of, or at the direction of, or in association with a criminal street gang with the specific intent to promote, or further or assist in criminal conduct by gang members within the meaning of section 186.22, subdivision (b)(1).
On October 12, 2010, the trial court sentenced Ram to a total of 12 years in state prison. Specifically, the court sentenced Ram to two years for the robbery and 10 years for the gang enhancement, two years for the assault and 10 years for the gang enhancement and two years for the gang participation conviction. The trial court further ordered that the sentences for the assault and gang participation convictions run concurrently with the 12-year sentence imposed on the robbery count.
Ram now appeals, claiming: (1) that there was insufficient evidence to support the jury's finding he committed the offenses for the benefit of a gang within the meaning of section 186.22, subdivision (b); (2) that the court erred by failing to preclude a witness's testimony under section 1054.1; (3) that Ram's concurrent sentence for participating in a criminal street gang (count 3) should have been stayed under section 654; and (4) that Ram's concurrent sentence for assault with a deadly weapon (count 2) should have also been stayed under section 654.
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