P. v. Parks CA4/2
After driving up to a pharmacy that had just closed for the day, defendant and appellant, Tyrone Anthony Parks III, jumped over a rail and tugged at the front door. Following a jury trial, defendant, along with two associates, was convicted of conspiracy to commit robbery (Pen. Code, § 182, subd. (a)(1)) of a pharmacy, committed for the benefit of a criminal street gang (§ 186.22, subd. (b)(1)(B)); possession of a loaded firearm (§ 25850, subd. (a)); and active participation in a criminal street gang (§ 186.22, subd. (a)). Defendant was sentenced to eight years in prison and appealed.
On appeal, defendant claims the court erred in admitting testimonial hearsay to prove the gang enhancement and active participation in a gang count, in violation of People v. Sanchez (2016) 63 Cal.4th 665 (Sanchez) and Crawford v. Washington (2004) 541 U.S. 36 (Crawford). He also requests a modification of the abstract of judgment, which the People do not oppose. We affirm as modified.
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