P. v. Sherow
A jury convicted defendant of one count of selling cocaine base in violation of Health and Safety Code section 11352, subdivision (a). It also found that defendant committed the crime for the benefit of, at the direction of, and in association with, a criminal street gang, with the specific intent to promote, further, and assist gang members in criminal conduct, within the meaning of Penal Code section 186.22, subdivision (b).
Defendant appeals. Although he does not contest the sufficiency of the evidence supporting the conclusion he sold drugs, and the jurys conclusion that the sales benefited a criminal street gang, he does challenge the sufficiency of the evidence to allow the jury to conclude that he sold the drugs with the specific intent to promote, further, or assist in any criminal conduct by gang members. ( 186.22, subd. (b)(1).)
He also contends that the trial court abused its discretion in denying his motion for a new trial. The motion was based on the allegation that the jury foreman misadvised the jurors about the elements which had to be found before they could make a true finding on the enhancement.
Finding no error, Court affirm.
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