P. v. Delahoussaye
Appellant Eric Jason Delahoussaye seeks to reverse his conviction after jury trial of two counts of assault, and one count each of participation in a criminal street gang and possession of methamphetamine, along with criminal street gang enhancement allegations, for which he was sentenced for a total of 11 years. Appellant contends there was not sufficient evidence that he possessed a usable quality of methamphetamine or had specific intent to promote, further, or assist in criminal gang activity, and that the court committed prejudicial error by failing to adequately instruct the jury about the definition of primary activities in determining the criminal street gang count and the two enhancement allegations. Appellant also contends that the trial court violated his constitutional rights when it imposed upper term and consecutive prison sentences for his convictions.
Court affirm the trial courts judgment in all respects other than sentencing. Regarding sentencing, pursuant to Cunningham, supra, 549 U.S. [127 S.Ct 856], and Black II, supra, 41 Cal.4th 799, Court affirm the trial courts imposition of consecutive sentences and an upper term sentence for count 1, vacate the other upper term sentences, and remand this matter for further proceedings regarding sentencing consistent with this opinion and Sandoval, supra, 41 Cal.4th 825.
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