P. v. Perez CA2/7
Joseph Perez appeals from a judgment entered after a jury convicted him of the first degree murder of Miles Rose, second degree robbery, and possession of a firearm by a felon. As to all counts, the jury found true the special allegation the offenses were committed for the benefit of, at the direction of, or in association with a criminal street gang (Pen. Code, § 186.22, subd. (b)(1)(C)). The jury also found true multiple firearm-use enhancements. Perez contends on appeal there was insufficient evidence to support the jury’s true finding on the gang enhancement. He also asserts remand is necessary to allow the trial court to exercise its discretion whether to strike the firearm-use enhancements imposed pursuant to section 12022.53, subdivision (d).
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