P. v. Bello CA4/3
Defendant Erik Rene Bello appeals from the judgment of conviction entered after a jury found him guilty of assault with a deadly weapon. The jury also found that Bello personally inflicted great bodily injury in the commission of the offense and that he committed the offense for the benefit of a criminal street gang within the meaning of Penal Code section 186.22, subdivision (b)(1). (All further statutory references are to the Penal Code.) Bello contends insufficient evidence supported the jury’s true finding as to the gang sentencing enhancement. He also argues, even if sufficient evidence supported that enhancement, the trial court violated section 1170.1, subdivision (g) by failing to stay the three-year term imposed for the personal infliction of great bodily injury sentencing enhancement.
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