P. v. Mendoza CA5
This matter involves three defendants, appellant Gustavo Jesus Mendoza, Miguel Angel Villegas, and Joel Serrato (collectively the Codefendants). A jury convicted appellant of attempted robbery (Pen. Code, §§ 664/211; count 1); conspiracy to commit robbery (§§ 182/211; count 2); prohibited possession of a firearm (§ 29800, subd. (a)(1); count 3); and masked criminal possession of a firearm in public (§ 25300, subd. (a); count 4). The jury found true firearm and criminal street gang enhancements. Appellant received an aggregate prison sentence of 31 years. In companion appeals F072155 and F072054, we resolve issues raised by Villegas and Serrato, respectively, for their involvement in this attempted robbery. In the present matter, appellant claims the trial court abused its discretion in failing to bifurcate the gang enhancement allegations.
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