California v. Velasco
Annotate this CaseDefendant Robert Velasco was convicted by jury of attempted first degree robbery, assault with a firearm, possession of a firearm by a felon, and street terrorism. The jury also found as to counts 1 and 4, that defendant personally used a firearm within the meaning of section 12022.5 sub. A, Pen. Code. The jury found Defendant not guilty of first degree burglary, and returned a not true finding on the robbery in concert within the meaning of section 213 sub. A in connection with count 1. The jury was unable to reach verdicts that counts 1, 4 and 5 were committed for the benefit of, at the direction of, or in association with, a criminal street gang. Defendant subsequently admitted on prior strike, on prior serious felony conviction, and one prison prior. Given all this, the court sentenced defendant to a 28-year prison sentence. Defendant appealed, arguing: (1) the evidence presented at trial was insufficient to convict him for street terrorism; (2) the verdict for count 1 should have been reduced to second degree robbery; (3) the trial court should have stayed portions of his sentence for counts 4 an 5. In the published portion of its opinion, the Court of Appeal concluded that Defendant's conviction for street terrorism was not supported by substantial evidence. In the unpublished portion of its opinion, the Court of Appeal concluded defendant's other claims lacked merit. The matter was remanded for further proceedings.
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