P. v. Velgara CA2/6
Salvador Velgara appeals from the judgment entered after pleading guilty to two counts of street gang coercion of persons under 18 years old (counts 1 & 2; Pen. Code, § 186.26, subds. (a) & (d) , conspiracy to commit a felony (count 3; § 182, subd. (a)(1)), and two counts of assault with force likely to produce great bodily injury (counts 4 & 5; § 245, subd. (a)(4)). Appellant admitted that counts 4 and 5 were committed for the benefit of a criminal street gang (§186.22, subd. (b)(1)) and admitted a prior strike conviction (§§ 667, subds. (c)(1) & (e)(1), 1170.12, subds. (a)(1) & (c)(1)). The trial court sentenced appellant to seven years four months state prison. We reverse and remand for resentencing because the trial court imposed a three-year gang enhancement on count 1 even though no gang enhancement was charged or admitted on that count.
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