P. v. Delgadillo
By information filed July 8, 2004, in Tulare County Superior Court, appellant Christopher Rene Delgadillo was charged with a number of offenses arising out of events occurring on March 15, 2004. As finally amended, the information charged appellant with attempted premeditated murder of Victor S. (Pen. Code, 187, subd. (a), 664, subd. (a); count 1), conspiracy to commit robbery and felonious assault ( 182, subd. (a)(1); count 2), attempted robbery of Mark P. ( 211; count 3), attempted robbery of Trajinder S. ( 211; count 4), and assault with a deadly weapon and by means of force likely to produce great bodily injury on Victor S. ( 245, subd. (a)(1); count 5). As to each count, it was further alleged that the offense was committed for the benefit of or in association with a criminal street gang ( 186.22, subd. (b)(4); count 1; id., subd. (b)(1); counts 2-5).
Following a jury trial, appellant was convicted on counts 2, 3, and 4, and the gang enhancement allegations were found to be true. He was acquitted on counts 1 and 5. Appellant subsequently was sentenced to prison for three years on count 2 plus a consecutive five-year term for the gang enhancement; sentence on the remaining counts was stayed pursuant to section 654. In this timely appeal, appellant raises various claims of error relative to the gang enhancements. For the reasons that follow, Court affirm.
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