P. v. Uqdah
A jury convicted defendant and appellant of four countsconspiring to possess cocaine base for the purpose of sale, specifically finding true the three alleged overt acts (Health and Saf. Code, 11351.5; Pen. Code, 182, subd. (a)(1)); possessing cocaine base for the purpose of sale (Health and Saf. Code, 11351.5); forging a public seal (Pen. Code, 472); and forging a vehicle registration document (Veh. Code, 4463, subd. (a)). As to the narcotics related counts, the jury found that the crimes were committed for the benefit of a criminal street gang (Pen. Code, 186.22). The trial court imposed a five year prison term, consisting of the lower term of three years for the cocaine possession conviction, plus two years for the gang enhancement. Sentence on the conspiracy count was stayed pursuant to Penal Code section 654. The trial court imposed concurrent two year, middle term sentences for both forgery convictions.
In his timely appeal, defendant contends: (1) there was constitutionally insufficient evidence to support his cocaine possession conviction; (2) there was constitutionally insufficient evidence to support the criminal street gang findings; (3) trial counsel rendered constitutionally ineffective assistance by failing to object to testimony by the prosecutions expert witness; (4) the trial court prejudicially erredand violated his right to a fair trial under the federal Constitutionby instructing the jury pursuant to CALJIC No. 2.28 that the defense violated its reciprocal discovery obligations; and (5) the trial courts imposition of concurrent sentences for the two forgery counts violated Penal Code section 654s proscription against multiple punishments. Court disagree with the first four contentions, but find merit in defendants final contention. Court order the trial court to stay the sentence in one of the two forgery counts, and otherwise affirm the judgment.
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