P. v. Beserra
A jury convicted defendant Henry Bessera, Jr., of attempting to dissuade a witness, Brian Harris, (Pen. Code, 136.1, subd (a)(2))[1]and found true the allegation that the offense was committed for the benefit of a criminal street gang with the specific intent to promote criminal conduct by gang members.[2] In a bifurcated proceeding, defendant admitted he had suffered two prior strike convictions within the meaning of sections 667, subdivisions (b) through (i) and 1170.12, subdivisions (a) through (d), and two prior serious felony convictions within the meaning of section 667, subdivision (a)(1). The trial court granted defendants motion to strike one prior strike conviction and sentenced defendant to a prison term of 19 years. The sentence was calculated by imposing a midterm sentence of two years on the attempted dissuading of a witness charge, doubling that sentence under the three strikes law, and imposing five year enhancements for the gang finding and each prior serious felony conviction.
Defendant contends: (1) substantial evidence does not support the true finding on the gang allegation; (2) the admission of letters found in his closet, the recording on his cell phone, and Harriss testimony regarding the use of ghosts by the Mexican Mafia was an abuse of discretion; (3) the jury instruction on the elements of the gang enhancement was incorrect as a matter of law; and (4) the prosecutor committed misconduct. Court find no reversible error and affirm.
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