P. v. Bernabe
The trial court sentenced defendant to prison after a jury found him guilty of possession of a firearm by a felon (Pen. Code, 12021, subd. (a)(1); all further statutory references are to that code unless otherwise indicated), with a gang enhancement ( 186.22, subd. (b)), and street terrorism ( 186.22, subd. (a)). The jury acquitted him on two other counts. He contends: (1) Insufficient evidence supports his conviction on the substantive charges and the true finding on the gang enhancement; (2) the admission of his pretrial statements violated Miranda v. Arizona (1966) 384 U.S. 436 [86 S.Ct. 1602, 16 L.Ed.2d 694]; (3) the trial court erred in admitting certain evidence and excluding other evidence; and (4) the trial court erred in sentencing and in the preparation of the abstract of judgment. Court agree with defendant and the Attorney General, that correction of the trial courts sentencing minute order and the abstract are required, but otherwise disagree with defendants contentions and affirm judgment.
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