P. v. Staten
Appellant Darryl Staten was convicted of two counts of second degree robbery (Pen. Code, § 211, counts 1-2)[1]; possession of a firearm by a felon (§ 12021, count 3); and assault by means likely to produce great bodily injury (§ 245, subd. (a)(1), count 5). Gang and firearm allegations attached to counts 1 and 2 were found true, as were prior conviction allegations. Appellant was sentenced to a total of 43 years eight months in prison.
On appeal, appellant contends that there was insufficient evidence to support the criminal street gang enhancements. He also argues that the trial court erred in denying his request to continue sentencing so that he could present a new trial motion. We find that the gang enhancements were not supported by substantial evidence. We affirm in all other respects.
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