P. v. Schulz CA3
A jury found defendant Christopher Schulz guilty of, among other things, discharging a firearm at a vehicle, and found several enhancements true, including that the crime was committed to benefit a street gang. On appeal, defendant contends: (1) statements of witnesses and investigating officers were unduly prejudicial; (2) his trial counsel rendered ineffective assistance in failing to move to bifurcate the gang allegations and in failing to object to the prosecution’s motion to preclude the defense from eliciting certain testimony from the victim; (3) the errors were cumulatively prejudicial; (4) reversal is required to allow the trial court to consider striking the firearm enhancements pursuant to the newly enacted Senate Bill No. 620; and (5) the judgment must be modified to impose a full, stayed term on count three. Defendant’s last two contentions have merit.
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