P. v. Griego CA2/8
A jury convicted defendant and appellant Jesse Alderete of possession of a controlled substance while armed, possession of a firearm by a felon, and unlawful possession of ammunition. The same jury convicted defendant and appellant Richard Griego of possession for sale of a controlled substance. Alderete contends the prosecutor committed Doyle error and the trial court erred in failing to sua sponte give an instruction on unanimity. Griego contends he received ineffective assistance of counsel and improper gang evidence was presented to the jury. He also urges us to strike an enhancement for a prior drug conviction. We affirm Alderete’s judgment. However, we agree Griego received ineffective assistance of counsel and reverse the judgment on that basis.
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