P. v. Duran
Defendant appeals from a judgment of conviction entered after a jury found him guilty of two counts of attempting to dissuade a witness by force (counts 1 and 2 Pen. Code, 136.1, subd. (c)(1)), assault with a deadly weapon (count 3 245, subd. (a)(2)), and possession for sale of methamphetamine (count 4 - Health & Saf. Code, 11378). The jury also found that defendant committed these crimes to benefit a criminal street gang ( 186.22, subd. (b)(4)) and that he personally used a firearm in the commission of count 3 ( 12022.5, subd. (a)). The trial court sentenced defendant to life imprisonment and a consecutive term of 17 years. On appeal defendant contends: (1) there was insufficient evidence to support the convictions of witness dissuasion; (2) CALJIC No. 7.15 incorrectly stated the applicable law; (3) CALJIC No. 2.02 incorrectly stated the law regarding circumstantial evidence to prove specific intent; (4) evidence of his recorded jail conversations violated his Sixth Amendment right to confront and cross examine witnesses; (5) the trial court abused its discretion by admitting evidence of his recorded jail conversations; (6) there was insufficient evidence to support the gang enhancement findings as to counts 1 and 2; (7) the cumulative effect of these errors mandates reversal; and (8) the trial court erred by sentencing him to separate life terms for counts 1 and 2. The life term on count 1 is stayed pursuant to section 654. As modified, the judgment is affirmed.
Comments on P. v. Duran