P. v. Espinoza
A jury convicted defendant Victor Espinoza of carjacking in violation of Penal Code section 215, subdivision (a), the second degree robbery of Rafael Rodriguez in violation of section 211, and street terrorism in violation of section 186.22, subdivision (a). As to the carjacking and robbery, the jury found defendant personally used a handgun as defined by section 12022.53, subdivision (b), and committed both offenses with the intent of benefiting a criminal street gang as defined in section 186.22, subdivision (b)(4). The trial court sentenced defendant to 25 years to life on the carjacking count, consisting of an indeterminate term of 15 years to life, based on the criminal street gang finding ( 186.22, subd. (b)(4)(B)), plus a 10 year determinate term for the firearm use finding. The trial court imposed an identical sentence for the robbery count, but stayed the sentence pursuant to section 654. For the substantive street terrorism conviction, the trial court imposed a concurrent two-year middle term sentence.
In his timely appeal, defendant contends there was constitutionally insufficient evidence to support the gang enhancement and imposition of a separate sentence for the street terrorism conviction was proscribed by section 654s bar against multiple punishments. Court reject those contentions and affirm.
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