P. v. Scott
A jury found defendant and appellant James Ray Scott, Jr., guilty of (1) three counts of robbery (Pen. Code, § 211);[1] (2) one count of conspiring to commit a crime (§ 182, subd. (a)(1)); and (3) two counts of actively participating in a criminal street gang (§ 186.22, subd. (a)). As to the first count of robbery, the jury found true the allegations that (1) it was a street gang crime and defendant carried a firearm during the commission of the offense (§ 12021.5, subd. (a)); (2) defendant personally used a firearm during the commission of the offense (§ 12022.53, subd. (b)); and (3) the crime was committed to benefit a criminal street gang (§ 186.22, subd. (b)). For the second and third robbery convictions, the jury found true the allegations the crimes were committed to benefit a criminal street gang. (§ 186.22, subd. (b).)
Defendant admitted he was on bail when he committed the third robbery offense (§ 211) and second active gang participation offense (§ 186.22, subd. (a)). (§ 12022.1.) Defendant also admitted suffering (1) a prior strike conviction (§§ 667, subds. (c) & (e), 1170.12, subd. (c)(2)(A)); and (2) a prior serious felony conviction (§ 667, subd. (a)). The trial court sentenced defendant to prison for a term of 47 years, 8 months.
Defendant contends the trial court erred by (1) not severing the November 2008 charges from the January 2007 charges, and (2) not severing the gang allegations. Defendant asserts his trial counsel was ineffective for (1) not requesting bifurcation of the gang allegations, and (2) failing to move for a new trial. We affirm the judgment.
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