P. v. Harris
Defendants and appellants Benny Ross Harris, Jr., James Alexander Rials, Jamaal Edwards Waiters, Anthony Chambers, Jr., and Lasalle Ernest Kimbrough were convicted of crimes arising from an armed bank robbery in Barstow. On appeal, they raise numerous issues, including whether: (1) there was sufficient evidence to support the conviction for street terrorism and a gang enhancement; (2) the court erred in refusing to inquire into juror bias when one juror allegedly began to cry during closing argument; (3) the court erred in denying a motion for mistrial when a witness stated that defendants’ gang is a Muslim organization; (4) there was inadequate evidence of the chain of custody as to DNA samples; (5) the court erred in allowing evidence of two prior bank robberies and in its limiting instructions regarding such evidence; (6) the prosecutor committed misconduct; (7) certain jury instructions were erroneous; (8) there was sentencing error; and (9) there is a clerical error in Rials’s abstract of judgment.
We agree with defendants that the imposition of certain enhancements and the staying of a firearm enhancement was error. For that reason, a new sentencing hearing is required. We will also direct that the clerical error in Rials’s abstract of judgment be corrected. Otherwise, we reject defendants’ arguments and affirm the judgments.
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