P. v. Balangue CA5
A jury found Anthony Henry Balangue (defendant) guilty on two counts of attempted premeditated murder. He was accordingly sentenced to two consecutive indeterminate prison terms of seven years to life. The parole ineligibility periods were doubled to 14 years because of a prior strike conviction, resulting in an aggregate indeterminate sentence of 28 years to life. Defendant received a consecutive aggregate determinate term of 25 years based on gang allegation findings, firearm enhancements, and a status enhancement for a prior serious felony conviction.
Defendant’s claims on appeal include challenges to the sufficiency of the evidence, the wording of the jury instructions, and the competence of his trial counsel. We agree the gang findings lack evidentiary support, which also invalidates the firearm enhancements. A prior prison term enhancement not addressed at sentencing or in the parties’ briefs must also be reversed for insufficient evidence.
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