P. v. Bay
Defendant appeals from the judgment entered following a jury trial in which he was convicted of carjacking, robbery, and first degree murder, with further findings that he intentionally discharged a firearm during the commission of the murder and that the offense was committed for the benefit of a criminal street gang. Defendant contends there was insufficient evidence to support his convictions, that the convictions must also be reversed based on prosecutorial misconduct and trial counsel’s ineffectiveness in failing to request an adequate instruction on immunized testimony, that the gang finding must be reversed because it was based on evidence admitted in violation of Miranda and the hearsay rule, and that a probation fine was improperly imposed. The Attorney General concedes there was no authority for the probation fine and asserts that the abstract of judgment should be corrected to reflect that the gang enhancement requires defendant to serve a minimum of 15 years on his murder conviction. Court affirmed the judgment and order that the probation fine be stricken and the abstract of judgment be amended to reflect the gang finding.
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