P. v. Anderson
A jury convicted defendant and appellant Daryl Anderson (defendant) of three counts of assault with a firearm (Penal Code, 245, subd. (a)(2)),[1]one count of attempted murder ( 664/187, subd. (a)) and two counts of possession of a firearm by a minor ( 1201, subd. (a)(1)). The trial court sentenced defendant to state prison for an aggregate term of 44 years to life, which included a ten year gang enhancement imposed under section 186.22, subdivision (b)(1).
Defendant argues that the People adduced insufficient evidence to prove that (1) the firearm defendant used on October 8, 2004 to commit two of his assaults was either real or, if real, loaded; and (2) defendant committed any of his crimes with the specific intent to promote, further, or assist in any criminal conduct by gang members. ( 186.22, subd. (b)(1).) Court conclude that the record contains substantial evidence to support defendants firearms convictions and the gang enhancement.
Comments on P. v. Anderson