P. v. Avila
Defendant, a Norteo gang member since 1997, was found guilty at jury trial of assault, street terrorism, robbery, and firearms offenses with gang and firearm enhancements, arising from three separate incidents against the same victims in Salinas in 2003. The trial court imposed a determinate sentence of 17 years, four months followed by an indeterminate term of 30 years to life. On appeal, defendant challenges the admissibility of the evidence, the competence of counsel, and the courts selection of the upper term sentence. The clerk of the superior court is ordered to correct the abstract of judgment to reflect midterm sentences on counts 2, 7, and 8 and forward a corrected abstract of judgment to the Department of Corrections. The judgment is affirmed.
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