P. v. Pena CA4/3
A jury convicted Gilberto Jesus Pena of five counts, including street terrorism, and found true gang and other enhancements. Pena appealed. In People v. Pena (Aug. 29, 2017, G053303) [nonpub. opn.] (Pena), this court held there was insufficient evidence the alleged gang was a criminal street gang as statutorily defined. We reversed the conviction for street terrorism (Pen. Code, § 186.22, subd. (a)), and the street terrorism enhancements (Pen. Code, § 186.22, subd. (b)(1)). We remanded the case for resentencing. (Pena, supra, G053303.) At the resentencing hearing, the trial court sentenced Pena to serve a total of 25 years to life in prison with a minimum of seven years. Pena appeals from this judgment. We appointed counsel to represent Pena on appeal. Counsel filed a brief that set forth the facts of the case. Counsel did not argue against her client but advised the court she found no issues to argue on Pena’s behalf.
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