P. v. Barboa CA2/2
Defendants Lisa Marie Barboa (Barboa) and Michael Sperling (Sperling) (collectively, defendants) appeal their convictions for conspiracy to commit extortion. They argue that the jury’s verdict is not supported by substantial evidence, that the trial court erred in allowing two gang experts to label the scheme they furthered as “extortion,” and that the court committed several sentencing errors. We conclude there is no defect with their convictions, but conclude that the trial court erred in treating Sperling’s juvenile adjudication as a strike under our “Three Strikes” law (Pen. Code, §§ 667, subds. (a)-(d) & 1170.12, subds. (b)-(j).). Accordingly, we affirm Barboa’s conviction and sentence, affirm Sperling’s conviction, and revise Sperling’s sentence to a sentence of seven years to life.
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