P. v. Bush
A jury convicted Vernell Devon Bush of two counts of grand theft (Pen. Code,[1] 487, subd. (c)); three counts of second degree robbery with personal use of a firearm ( 211, 12022.53); one count of carjacking ( 215); and one count of receiving stolen property ( 496). As to one of the robbery counts, the jury found true a criminal gang sentence enhancement. ( 186.22, subd. (b)(1).) The court sentenced Bush to 40 years in state prison, including a 10 year consecutive term for the criminal street gang enhancement.
Bush contends (1) the jury's gang enhancement finding is not supported by substantial evidence; (2) the court prejudicially erred by admitting expert opinion testimony regarding his specific intent to promote, further, or assist criminal conduct by gang members; and (3) his conviction for receiving stolen property must be reversed because a person cannot be convicted of simultaneously stealing and receiving the same property. Court conclude substantial evidence supports the jury's finding on the criminal street gang enhancement allegation, and although the court erred in admitting the expert's opinion regarding Bush's specific intent, the error was harmless. Court reverse the conviction for receiving stolen property.
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