P. v. Kongkham
Filed 3/23/06 P. v. Kongkham CA3
NOT TO BE PUBLISHED
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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
THIRD APPELLATE DISTRICT
(Sacramento)
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THE PEOPLE, Plaintiff and Respondent, v. AMPHONE KONGKHAM, Defendant and Appellant. | C048288
(Super. Ct. No. 04F04940)
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A jury convicted defendant Amphone Kongkham of second degree robbery. The trial court sentenced defendant to the midterm of three years in state prison. Based on defendant's conviction, the trial court found he had violated his probation in an unrelated case and imposed a two-year concurrent term.
On appeal, defendant contends the trial court improperly admitted evidence of his gang membership. We affirm.
FACTS
On April 21, 2004, 15-year-old Lilly Chanthavong was riding her bicycle with two friends. She noticed a red hatchback automobile with three people in it. She recognized one of the passengers as a person she knew as â€