P. v. Figueroa CA1/3
A jury convicted defendant Gualberto Figueroa of three charges for the unlawful possession of three firearms and found a Penal Code section 186.22, subdivision (b) gang enhancement true for each charge. The trial court imposed consecutive sentences for the firearm convictions. It also imposed and stayed multiple one-year sentence enhancements for prior prison terms pursuant to section 667.5, subdivision (b). The court declined to dismiss a felony strike for an additional five-year enhancement.
On appeal, Figueroa contends (1) there was insufficient evidence to support the gang enhancements; (2) his counsel was ineffective for failing to object to the consecutive sentences for the firearm convictions; (3) the court abused its discretion in refusing to dismiss his prior strike; and (4) the court erred by staying rather than striking the section 667.5, subdivision (b) enhancements.
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