P. v. Delgado
Defendant appeals from a judgment entered after a jury found him guilty of carrying a concealed dirk or dagger, street terrorism, and assault with a deadly weapon. The jury found true the enhancement allegations that defendant personally used a knife and inflicted great bodily injury in the commission of the assault with a deadly weapon offense, and committed that crime for the benefit of, at the direction of, or in association with a criminal street gang with the specific intent to promote, further, or assist in any criminal conduct by members of that gang.
Defendant contends the enhancement finding that he committed the assault with a deadly weapon for the benefit of a criminal street gang must be stricken because (1) the trial court erroneously admitted an expert witnesss testimony regarding defendants specific intent, and (2) defendant received ineffective assistance of counsel. Defendant also contends the trial court erred by imposing the upper term for each count based on aggravating factors found true by the trial court, not by a jury. Court affirm.
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