P. v. Cooley
A jury convicted defendant Jerimichael Cooley of murder as charged in count one. It found to be true enhancements under Penal Code sections 12022, subdivision (b) and 186.22, subdivision (b)(1). (Unless otherwise indicated, all statutory references are to the Penal Code.) The trial court struck the gang enhancement under section 186.22, subdivision (b)(1) for purposes of sentencing and sentenced defendant to 30 years to life in prison plus one year for the enhancement under section 12022, subdivision (b) and six years for his prior convictions for a total of 37 years in state prison.
Court conclude the true finding on the gang enhancement under section 186.22, subdivision (b)(1) should be ordered stricken from the record, for all purposes, because it was not charged in the information. We also hold the trial court did not abuse its discretion or vindictively punish defendant and deny him rights of due process for successfully appealing his prior conviction when it denied defendants motion to bifurcate. Nor did the trial court abuse its discretion when it permitted expert gang testimony. Court affirm as modified.
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