P. v. Cruz
Defendant appeals from the judgment entered following a jury trial in which he was convicted of robbery (Pen. Code, 211, count 1), assault with a firearm ( 245, subd. (a)(2), count 2), shooting at an occupied motor vehicle ( 246, count 3), carrying a concealed firearm while an occupant of a vehicle ( 12025, subd. (a)(3), count 4), attempted murder ( 664/187, count 5), and carrying a loaded firearm while an active participant in a criminal street gang ( 12031, subd. (a)(1), (2)(C), count 6). In addition, gang enhancements ( 186.22, subd. (b)(1)(A), (1)(C)) were found on counts 1 through 5, firearm enhancements under section 12022.5, subdivision (a) were found on counts 2 and 3, and firearm enhancements under section 12022.53, subdivision (c) were found on counts 1, 3, and 5.
Defendant contends that the trial court erred in permitting the filing of amendments to the information to add counts 5 and 6; that his convictions on counts 1, 4, 5 and 6, as well as the street gang findings, were not supported by substantial evidence; that the trial court committed instructional error; that trial counsel rendered ineffective assistance in various respects; and that errors were made in sentencing. Court affirm the judgment and remand the matter for resentencing.
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