P. v. Castaneda
A jury found defendant guilty of one count of unlawfully taking or driving a vehicle and one count of recklessly evading a peace officer. The jury also found true criminal street gang and arming enhancements associated with each count.
On appeal, defendant contends: (1) the court’s imposition of consecutive sentences on the unlawful taking/driving and reckless evasion counts violated section 654; (2) the evidence was insufficient to support the gang enhancements; (3) the evidence was insufficient to support the arming enhancements; (4) the court committed an impermissible dual use of facts when it used the circumstance of a principal being armed as a reason for imposing the upper term on the reckless evasion count; and (5) the court’s imposition of the upper term violated defendant’s constitutional rights. Court Affirms.
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