P. v. Rubio CA5
Appellants Cristobal Rubio and Oscar De Tista appeal, following a bench trial, from their convictions on one count each of participating in a street gang (Pen. Code, § 186.22, subd. (a)), and the true findings regarding gang enhancements (§ 186.22, subd. (b)(1)(C)) related to charges to which appellants had previously pled guilty. Appellants contend there was insufficient evidence of their association with the Sureño street gang to support their convictions and enhancements. They also argue the trial court erred when it appointed conflict counsel to investigate whether there were grounds to withdraw their guilty pleas based on ineffective assistance of counsel. For the reasons set forth below, we reverse and remand for further proceedings.
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