P. v. Alvarez CA2/5
A jury convicted defendant Miguel Ernesto Alvarez of second degree robbery. (Pen. Code, §§ 211, 212.5, subd. (c).) The jury also found true a criminal street gang enhancement allegation. (§ 186.22, subd. (b)(1)(C).) The trial court sentenced defendant to 12 years in state prison—two years for the robbery plus 10 years for the gang enhancement.
We agree with defendant’s sole contention on appeal—that there was insufficient evidence to establish the two predicate offenses required to support the gang enhancement. (§ 186.22, subd. (e).) There was substantial evidence of only one predicate offense. Because there was insufficient evidence of two predicate offenses, we direct the trial court to strike the gang enhancement. We also remand this matter for resentencing.
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