P. v. Beteta
A jury convicted defendant of carjacking, second degree robbery, dissuading a witness by force or threats, and criminal threats. As to all counts, the jury found true gang enhancement allegations under Penal Code section 186.22, subdivision (b)(1). On appeal, Defendant contends that the true findings on the gang enhancement allegations must be reversed because, first, his trial counsel was ineffective for failing to move to dismiss those allegations; second, there is insufficient evidence to support the true findings; third, the jury was not instructed on the gang enhancement; and, fourth, the prosecutor used inconsistent and irreconcilable theories to obtain life sentences for Beteta while obtaining a four year sentence for his coparticipant in the crime. Court hold that there is insufficient evidence to support the gang enhancement as to three of the counts, and we reverse the true findings. Court also hold that the failure to instruct the jury on the gang enhancement was not harmless error, and Court therefore reverse the true finding on the remaining count and remand.
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