P. v. Saephan CA3
Defendant Kao Lai Saephan, a convicted felon, unlawfully possessed a shotgun and shotgun ammunition, and he did so for the benefit of a street gang. He contends we must reverse his convictions and enhancements because (1) the trial court erroneously admitted his prior admission of gang membership that was obtained in violation of his rights under Miranda v. Arizona (1966) 384 U.S. 436 (Miranda); (2) insufficient evidence, including testimonial hearsay, support the jury’s gang enhancement findings; and (3) prosecutorial misconduct unlawfully shifted the burden of proof. He also asserts sentencing error.
Except to correct an unauthorized sentence, we affirm the judgment.
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