P. v. Farias
A jury convicted defendant Edgar Jesus Farias of second degree vehicle burglary (Pen. Code, §§ 459-460, subd. (b), count 1; all further statutory references are to this code unless otherwise indicated) and street terrorism (§ 186.22, subd. (a), count 3.) It further found he committed the burglary to promote, further, or assist criminal street gang activity (§ 186.22, subd. (b)(1)). The court sentenced him to state prison for three years and four months (16 months on for the burglary and two years consecutively for the gang enhancement).
Defendant’s appeal raises three issues: (1) the evidence fails to support the vehicle burglary conviction because there was insufficient evidence the vehicle was locked; (2) the court erred in admitting evidence that defendant’s companion in committing the crimes was carrying a gun; and (3) insufficient evidence supports the gang charge or the gang enhancement. We disagree with his contentions and affirm the judgment.
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