P. v. Washington
Washington appeals his conviction and associated sentence, contending the court’s finding the robberies were gang related must be reversed because: (1) there is insufficient evidence his gang qualifies as a criminal street gang, and (2) his counsel rendered ineffective assistance by failing to object to gang evidence that violated the rules established in the recent decisions People v. Sanchez (2016) 63 Cal.4th 665 (Sanchez) and People v. Elizalde (2015) 61 Cal.4th 523 (Elizalde). He also argues his gang and firearm enhancements are unauthorized.
We conclude Washington’s arguments challenging the court’s gang finding lack merit, but agree his enhancements are unauthorized. We therefore affirm his conviction for two counts of gang-related home invasion robbery in concert, but modify his sentence to strike the enhancements, which reduces his total term to 60 years to life.
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