P. v. Serrano
A jury found defendant Francisco Jesus Serrano guilty of aggravated assault and active participation in a criminal street gang, and determined that related enhancement allegations were true. Defendant received a total sentence of 14 years and 8 months in state prison. Defendant seeks reversal of the judgment on the ground that there was insufficient evidence to convict him. He also argues the trial court should have stayed the eight-month sentence he received for active participation in a criminal street gang. The People argue we should affirm the judgment, but agree that defendant’s eight-month sentence should have been stayed. We affirm the judgment, except that we order that his eight-month sentence is stayed.
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