P. v. Beltran
Appellants were convicted of the second degree robbery of Edwin Martinez. The jury found gun use allegations not true, and Martinez was acquitted of assault with a firearm. Martinez contends that because the jury rejected gun use allegations, the evidence that he had been armed cannot be considered in a substantial evidence review. Defendant also contends that evidence of appellants' gang membership should have been excluded. Court reject both contentions and affirm the judgment as to Martinez.
Counsel for Beltran joined in any of Martinez's arguments that might benefit him, but found no arguable issues, and has requested an independent review of the record on appeal pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende), and Smith v. Robbins (2000) 528 U.S. 259. After thoroughly reviewing the record, court have identified no arguable issues for appellate review, and therefore affirm the judgment as to Beltran as well.
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