P. v. Parker
Defendant Rodney Gene Parker appeals from a judgment of conviction entered after a jury trial. The jury found defendant guilty of carjacking (Pen. Code, 215, subd. (a)) and found true a firearm use allegation ( 12022.53, subd. (b)) and a criminal street gang allegation ( 186.22, subd. (b)(1)) on that count. The jury found defendant guilty of second degree robbery ( 211) and attempted second degree robbery ( 211, 664) and found true firearm use allegations on both counts ( 12022, subd. (a)(1)). The jury also convicted defendant of possession of a firearm by a felon ( 12021, subd. (a)(1)) and found true a criminal street gang allegation on that count ( 186.22, subd. (b)(1)).
The trial court found true the allegation defendant suffered a prior serious felony conviction ( 667, subds. (a), (b)-(i), 1170.12). On the carjacking conviction, the trial court imposed the upper term of 9 years, which it doubled to 18 years as a second strike, and added two 10-year enhancements on the firearm use and criminal street gang findings. The trial court imposed an aggregate consecutive term of 6 years and 4 months on the remaining counts and added 5 years for defendants prior conviction, for a total term of 49 years and 4 months.
On appeal, defendant challenges the sufficiency of the evidence supporting the criminal street gang enhancements and the imposition of the upper term sentence on his carjacking conviction. Court agree the evidence is insufficient to support the criminal street gang allegation but affirm the remainder of the judgment.
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