P. v. Serrato CA5
This matter involves three defendants, appellant Joel Serrato, Gustavo Jesus Mendoza, and Miguel Angel Villegas (collectively the Codefendants). A jury found appellant not guilty of attempted robbery (Pen. Code, §§ 664/211; count 1), but convicted him of conspiracy to commit robbery (§§ 182/211; count 2) and prohibited possession of a firearm (§ 29800, subd. (a)(1); count 5). The jury found true a criminal street gang enhancement (§ 186.22, subd. (b)(1)(B)) in both convictions. Appellant received an aggregate prison sentence of 10 years, eight months. In companion appeals F071822 and F072155, we resolve issues raised by Mendoza and Villegas, respectively, for their involvement in this attempted robbery. In the present matter, appellant claims that the prosecutor committed misconduct during his closing argument. He further argues that the trial court abused its discretion in failing to bifurcate the gang enhancement allegations. We affirm.
Comments on P. v. Serrato CA5