P. v. Ortega CA2/2
Defendant and appellant Erick Julian Ortega (defendant) appeals from his convictions of murder and possession of a firearm by a felon, both found to be gang related. He contends: that the trial court’s denial of a continuance infringed upon his constitutional rights to counsel, self-representation, and due process; that the trial court failed to conduct a sufficient Marsden inquiry ; that the gang enhancement must be stricken because there was insufficient proof of the primary activities of defendant’s gang; that hearsay evidence was erroneously admitted to prove a pattern of criminal gang activity; that the sentence for count 2 should have been stayed; and the sentence per Penal Code section 667, subdivision (a) associated with count 2 was in error. Finding no merit to any of defendant’s contentions, we affirm the judgment.
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