P. v. Studebaker
Defendant appeals from the judgment sending him to prison for an indeterminate term of 15 years to life and a determinate term of six years, eight months, following a jury's conviction of street terrorism, attempted premeditated murder, assault with a deadly weapon and car theft. (See Pen. Code, SS 186.22, subd. (a), 187, 245, subd. (a)(1), 664; Veh. Code S 10851.) All but the first crime was committed for the benefit of a criminal street gang. (See S 186.22, subd. (b).) In a bifurcated hearing, Defendant admitted he had two prior prison terms. (See S 667.5, subd. (b).)
Defendant contends on appeal that the trial court abused its discretion numerous times: It denied his motion to bifurcate the gang enhancement; it denied his motion for mistrial following a prosecution witness's violation of an in limine order and after the jury returned a partial verdict; and it permitted the prosecution's gang expert to give his opinion allegedly without sufficient foundation. Defendant contends the court erred in instructing the jury as to the limited use it could make of certain evidence and also argues the evidence was insufficient to sustain the street terrorism charge and the street gang enhancement. Court affirm.
Comments on P. v. Studebaker