P. v. Nabong
On the evening of October 29, 2008, Shivnesh Reddy was robbed and shot to death during a marijuana sale. Appellant Jimmy Nabong was charged with the killing and convicted by jury of robbery (Pen. Code, §§ 211, 212.5, subd. (c))[1] and first degree murder under a felony-murder theory (§§ 187, subd. (a), 190.2, subd. (a)(17)(A)). Nabong was sentenced to an indeterminate term of 50 years-to-life in prison, plus a concurrent term of 3 years, plus 25 years to life for the robbery.
On appeal, Nabong contends the trial court erred in: (1) admitting evidence of his gang affiliation; (2) sustaining a defense witness’s invocation of the Fifth Amendment privilege against self-incrimination; and (3) refusing to compel the prosecution to grant immunity to the witness. He argues that the errors should be assessed cumulatively. He also contends that the prison term imposed on the robbery count must be stayed pursuant to section 654. We modify the judgment to stay the sentence on the robbery count, but otherwise affirm.
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