P. v. Gonzalez
After two mistrials, a jury finally acquitted defendant in a third trial of burglary (count 1) but convicted him of being a felon in possession of a firearm and being in possession of a concealed weapon (counts 2 and 3). ( 459; 12021, subd. (a)(1); 12025, subd. (b)(3).)
Defendant had previously admitted the gang enhancement allegations regarding counts 1 and 2 ( 186.22, subd.(b)); being a convicted felon with respect to count two; and being an active participant in a criminal street gang with respect to count 3.
The court found true the allegations that defendant had suffered two prior convictions. ( 667, subd. (a).) The court denied defendants request to dismiss his prior strike offenses and sentenced him to a prison term of 38 years to life. ( 667, subds. (b)-(i).) At the time defendant committed the present offenses, he was 19 years old.
On appeal, defendant challenges the sufficiency of the evidence for count 3, being in possession of a concealed firearm. He also charges instructional and evidentiary error concerning his gang membership. He contends the trial court wrongly excluded hearsay impeachment evidence regarding James Parsons, the chief prosecution witness. He asserts the foregoing constituted cumulative prejudicial error. Finally, he contends the trial court abused its discretion by denying his motion to strike his prior strikeoffenses. (People v. Superior Court (Romero) (1996) 13 Cal.4th 497.) Court affirm the judgment.
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