P. v. Esparza CA4/3
A jury convicted Javier David Esparza of second-degree robbery (Pen. Code, § 211; all statutory citations are to the Penal Code), receiving stolen property (§ 496, subd. (a)), possession of a firearm by a felon (§ 12021, subd. (a)(1)), and active participation in a criminal street gang (§ 186.22, subd. (a)). The jury also found true allegations that Esparza used a firearm in the commission of the robbery (§ 12022.53, subd. (b)) and that he committed the robbery, received the stolen property, and possessed the firearm for the benefit of, or in association with, a criminal street gang. (§ 186.22, subd. (b)(1).) The trial court sentenced Esparza to an aggregate term of 23 years.
Esparza challenges the sufficiency of the evidence to support his active gang participation conviction and the jury’s conclusion he committed the other offenses for the benefit of, or in association with, a criminal street gang. As we explain, these challenges are without merit, and we therefore
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