P. v. Gonzales
The People charged defendant Robert Gonzales with the first degree murder of Christopher Ash (Pen. Code, § 187, subd. (a)),[1] with three special circumstances allegations, an allegation of a personal use of a deadly weapon (knife), and a gang enhancement. The jury acquitted him of first degree murder but convicted him of second degree murder. In addition, it found the gang enhancement (§ 186.22, subd. (b)(1)(C)) to be true, but found the personal use of a knife enhancement (§ 12022, subd. (b)(1)) not to be true. The court sentenced him to a term of 15 years to life.
In this appeal, defendant raises two contentions. The first is that the evidence is insufficient to sustain his conviction for second degree murder. The second is that the trial court erred when it denied his motion for a new trial based upon a claim of juror misconduct. We find no merit to either contention and therefore affirm the judgment.
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