P. v. Apolinario CA1/5
A jury convicted Michael A. Apolinario, Jordy Diego Bernal, and Daniel Garcia (collectively, defendants) of active street gang participation (Pen. Code, § 186.22, subd. (a)) and unlawfully driving or taking a vehicle (Veh. Code, § 10851, subd. (a)). The jury found defendants committed the vehicle theft for the benefit of, at the direction of, or in association with a criminal street gang (§ 186.22, subd. (b)(1)). In addition, the jury convicted Apolinario of felon in possession of a firearm (§ 29800, subd. (a)(1)). The jury convicted Garcia of assault with a firearm on a peace officer (§ 245, subd. (d)(1)) and found he personally and intentionally used a firearm in the commission of that crime (§ 12022.53, subd. (c)). The jury also found true Apolinario’s prior conviction allegations. The trial court found true the allegations that Apolinario had prior strike convictions, including a Texas conviction (§ 667). The court sentenced defendants to state prison.
Defendants
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