P. v. Alonzo CA4/3
Defendant Fernando Alonzo was convicted of attempted murder and other crimes for shooting at a rival gang member. On appeal, he does not dispute he carried out the shooting. Instead, he challenges the jury’s finding he committed it to benefit a criminal street gang in which he was an active participant. In defendant’s view, the gang charges were not proven by admissible evidence, they lack substantial evidentiary support, and the jury was misinstructed on their elements. We disagree with these contentions. As the People concede, however, the case must be remanded to allow defendant to make a record relevant to his future parole hearing, and to permit the trial court to decide whether to dismiss certain sentencing enhancements. Thus, while we affirm the judgment, we remand for further proceedings.
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