P. v. Abancio
A jury convicted Alfredo Vierra Abanico and Vincent Lopez of five counts of kidnapping for purposes of robbery, five counts of kidnapping to facilitate a carjacking, and street terrorism. It further found that they personally used firearms and committed the crimes for the benefit of a criminal street gang. After a court trial, the court found that both defendants had served prior prison terms and that Lopez had a prior strike conviction. (Pen. Code, 209, subd. (b)(1), 209.5, subd. (a), 186.22, subds. (a) & (b)(1), 12022.5, subd. (a)(1), 12022.53, subds. (b), 667.5, subd. (b), & 1170.12, subd. (c)(1).) The court sentenced Abanico to two consecutive terms of 15 years to life for two counts of kidnapping for robbery as enhanced by the gang findings plus two consecutive 10-year firearm enhancements. The court imposed identical concurrent terms for the remaining three counts of kidnapping for robbery and five counts of kidnapping to facilitate carjacking and a two-year term for street terrorism plus a one-year term for the prison enhancement, but it stayed the terms on the convictions for kidnapping/ carjacking and street terrorism under section 654. Court conclude there is insufficient evidence to support the gang enhancements, reverse the judgment and remand the case for resentencing.
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