P. v. Logie CA2/5
A jury convicted Ashanti Logie (defendant) of one count of assault with a semi-automatic weapon (Pen. Code, § 245, subd. (a)(2) ; count 2), finding he personally used a firearm in the commission of the offense, and of two counts of carrying a loaded, unregistered handgun in public (§ 25850, subd. (a); counts 3 and 4). On appeal, defendant contends the trial court erred in (1) admitting the victim’s out-of-court statements concerning the crime after determining he was feigning memory loss, (2) advising the jury defendant’s videotaped statements to the codefendant were adoptive admissions, (3) admitting into evidence that defendant was a member of the Rolling 30’s Harlem Crips criminal street gang, and (4) failing to stay imposition of the sentence on one of two counts of carrying a loaded, unregistered firearm. Defendant also seeks a remand to permit the trial court to exercise its discretion to strike the firearm enhancement.
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