P. v. Jimenez
A jury convicted Oscar Jimenez of numerous offenses, including transportation of methamphetamine for sale (Health & Saf. Code, 11379, subd. (a), count 1), possession of methamphetamine for sale (Health & Saf. Code, 11379, subd. (a), count 2), participation in a criminal street gang (Pen. Code, 186.22, subd. (a),[1]count 3), and being an ex-felon in possession of a firearm ( 12021, subd. (a)(1), count 5).[2] The jury also found true that Jimenez committed counts 1, 2 and 5 for the benefit of a criminal street gang within the meaning of section 186.22, subdivision (b). Jimenez contends the evidence was insufficient to support the true finding he committed counts 1, 2 and 5 for the benefit of a criminal street gang, and was insufficient to support his convictions of counts 1, 2 and 3. He also contends the court committed prejudicial error by admitting evidence of prior acts under Evidence Code section 352.
The judgment is affirmed. The matter is remanded for resentencing.
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