P. v. Barahona CA2/8
A jury convicted Luis R. Barahona and Oscar Perez (defendants) of numerous counts of attempting to set fire and burn property, attempted extortion, and conspiracy to commit extortion, related to their efforts to collect “taxes” from four vendors. The jury also found true gang enhancements alleged as to each count. On appeal, defendants contend the trial court erred in (1) failing to suppress a statement Barahona made to a police officer without having been advised of his Miranda rights; (2) excluding evidence that the victims engaged in illegal vending activities; and (3) denying Perez’s request for a mistrial based on unanticipated testimony from a witness. We find no merit in these arguments. However, we find the trial court erred in failing to impose sentence on count 2 before staying the sentence on that count. We remand the case to the trial court for the limited purpose of correcting the sentencing error.
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