P. v. Ramirez
A jury convicted appellants Jesus Ramirez and Zane Molina Hubbard of multiple offenses. In this appeal they both contend the evidence was insufficient to sustain their convictions for making criminal threats pursuant to Penal Code section 422[1] and to support the findings that the crimes were committed for the benefit of a criminal street gang. They further maintain the trial court erred when it failed to instruct sua sponte on attempted criminal threats and violated section 654 in sentencing. Lastly, Hubbard contends the photo lineup used to identify him was flawed and requires reversal of all his convictions.
We reject their contentions, with the exception of one conviction for solicitation and certain claims of error regarding imposition of terms of imprisonment on the enhancements. We therefore affirm the remaining convictions and remand for resentencing.
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