P. v. Benitez CA2/5
A jury convicted defendant and appellant Eliel Benitez (defendant) of (1) assault by means of force likely to produce great bodily injury and (2) carrying a dirk or dagger. The jury also found true allegations that defendant committed the assault for the benefit of, at the direction of, or in association with a criminal street gang and personally inflicted great bodily injury on the assault victim, Reynaldo Jacinto (Jacinto). We consider whether the gang allegation finding must be reversed because aspects of the gang expert’s testimony constituted inadmissible, prejudicial hearsay under People v. Sanchez (2016) 63 Cal.4th 665 (Sanchez), a case that had not yet been decided at the time of trial. We also consider whether the prosecution introduced substantial evidence supporting the jury’s great bodily injury finding.
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