P. v. Baskin
Appellants Jeremiah Baskin and Traveon Hill were convicted of attempted second degree robbery and second degree commercial burglary. Appellants were charged with the murder of accomplice Brandon Lincoln under the provocative act doctrine, but the jury found them not guilty of that charge. The jury found true the allegations that the burglary and attempted robbery were committed for the benefit of a criminal street gang within the meaning of Penal Code section 186.22, subd. (b)(1).[1] Appellant Hill admitted that he had suffered two prior serious felony convictions within the meaning of the Three Strikes law and section 667, subdivision (a), and that he had served a prior prison term within the meaning of section 667.5, subdivision (b). Appellant Baskin admitted that he had suffered a prior serious felony conviction within the meaning of the Three Strikes law and section 667, subdivision (a), and that he had served a prior prison term within the meaning of section 667.5, subdivision (b). The trial court sentenced appellant Baskin to a total term of 16 years in state prison and appellant Hill to a term of 30 years to life in state prison.
Appellants appeal, contending the trial court: made numerous improper and prejudicial remarks during jury voir dire; erred in instructing the jury on consciousness of guilt; and in denying the joint defense motion to bifurcate the trial on the gang enhancements. Appellants further contend there is insufficient evidence to support the true finding on the gang enhancements. Appellants also contend the prosecutor committed misconduct. Additionally appellants contend the trial court abused its discretion in denying their motions to strike their prior convictions for sentencing purposes. We affirm the judgments of conviction.
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