P. v. Calderon
Defendants David Calderon and Salvador Estrada appeal their convictions for various crimes including attempted voluntary manslaughter and assault with a deadly weapon following a fight in which the victim was severely beaten and left with permanent physical and mental disabilities. Evidence was presented that the assault was spurred by rivalry between Norteo and Sureo gang members. Both defendants challenge the sufficiency of the evidence to support a sentence enhancement under the Street Terrorism Enforcement and Prevention Act, Penal Code section 186.20 et seq. (sometimes the gang enhancement) and the denial of their new trial motions based on juror misconduct. Estrada also challenges imposition of the upper term for attempted voluntary manslaughter. Court find no error and affirm.
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