P. v. Cortez CA2/6
Jose Cortez appeals after a jury convicted him of robbery (Pen. Code, § 211) and found true allegations that he personally used a firearm (§§ 12022.5, former subd. (a)(1), 12022.53, subd. (b)) and committed the crime for the benefit of a criminal street gang (§ 186.22, subd. (b)(1)). In a bifurcated proceeding, the trial court found true allegations that appellant had prior serious felony and strike convictions (§§ 667, subds. (a)(1), (c)(2) & (e)(2)(C), 1170.12, subds. (a)(2) & (c)(2)(C)) and had served two prior prison terms (§ 667.5, subd. (b)). Appellant was sentenced to 40 years to life in state prison. He contends (1) his trial attorney provided ineffective assistance by failing to challenge the expert testimony regarding his gang tattoos; and (2) the evidence is insufficient to support the court’s true finding on the prior strike allegations. We affirm.
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