People v. Salvador
Annotate this CaseTrial court erred in adding a 10-year gang enhancement to each of defendant’s life sentences. In 2008, defendant and other members of his criminal street gang robbed, beat, and repeatedly sexually assaulted Jane Doe as she arrived home from work. For his participation, defendant was convicted of 15 felonies with 98 enhancements, and sentenced to 425 years and four months to life in state prison. The court of appeal affirmed his convictions, but remanded for resentencing. While some of the testimony of the prosecution’s expert on criminal street gangs was based on improper hearsay material, any error was harmless. The court rejected arguments that the trial court erred when it instructed the jury that defendant’s possible intoxication was not relevant to the issue of whether he formed the specific intent required for conviction on the kidnapping counts and two other charges where he was alleged to have aided and abetted others. The court held that the trial court erred in sentencing defendant to a consecutive 10-year term of imprisonment on each of the life terms to which defendant was sentenced; the gang enhancements are not authorized by Penal Code section 186.22, and must be stricken.
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