P. v. Bonilla
Filed 6/12/06 P. v. Bonilla CA2/7
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION SEVEN
| THE PEOPLE, Plaintiff and Respondent, v. JESSE BONILLA, Defendant and Appellant. | B181426 (Los Angeles County Super. Ct. No. VA 081444) |
APPEAL from a judgment of the Superior Court of Los Angeles County. John A. Torribio, Judge. Affirmed as modified.
Janice Wellborn, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Ana R. Duarte and Stacy S. Schwartz, Deputy Attorneys General, for Plaintiff and Respondent.
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Defendant Jesse Bonilla timely appealed his conviction for home invasion robbery and possession of a firearm by a felon (the jury found defendant not guilty of assault with a firearm). In a bifurcated trial, the jury found the gang allegations to be true. In a bench trial, the court found true the prior conviction and prison term allegations. The court denied defendant's motion for new trial and sentenced defendant to an aggregate term of 35 years to life. Defendant contends the home invasion robbery conviction must be reversed because there was insufficient corroboration of the accomplice testimony, the gang enhancement of Penal Code section[1] 186.22, subdivision (b)(1) must be reversed because his trial counsel did not object to certain testimony of the gang expert and because there was insufficient evidence to support that enhancement, and the court erred in calculating his presentence credits. We affirm as modified.
FACTUAL BACKGROUND
On the evening of February 11, 2004, appellant was at a doughnut shop in Huntington Park with Adriana Lopez and Kristy Redmond (also know as Kristy Garcia). While in the parking lot of the doughnut shop, Redmond met Jaime Castro, who invited her to go to his house and â€
