People v. Lopez
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Defendant appealed his conviction for unlawful possession of a firearm and ammunition, attempted robbery, conspiracy to commit robbery, and a violation of the gang conspiracy statute, Penal Code section 182.5.
The Court of Appeal held that the trial court erred in using conflicting jury instructions to explain the gang conspiracy charge, but the error did not prejudice defendant. The court modified the judgment to reflect a violation of section 182.5 based on the act of attempted first degree robbery. The court also held that counts 19 and 162 for conspiracy to commit home invasion robbery was duplicative, and thus vacated count 162 for insufficient evidence. The court remanded for resentencing in light of the reversal of count 162 and the modification of count 20. The court affirmed in all other respects.
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