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People v. Puerto

California Court of Appeals, Second District, Fifth Division

June 21, 2016

THE PEOPLE, Plaintiff and Respondent,
v.
ALFONSO PUERTO, Defendant and Appellant.

         [CERTIFIED FOR PARTIAL PUBLICATION[*]]

         APPEAL from a judgment of the Superior Court of the County No. BA429371 of Los Angeles, Norm Shapiro, Judge.

Page 326

[Copyrighted Material Omitted]

Page 327

         COUNSEL

         Pamela J. Voich, under appointment by the Court of Appeal, for Defendant and Appellant.

         Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Lance E. Winters, Assistant Attorney General, Steven D. Matthews and Corey J. Robins, Deputy Attorneys General, for Plaintiff and Respondent.

         OPINION

         KUMAR, J.[*]

         A jury convicted defendant and appellant Alfonso Puerto of criminal threats (Pen. Code, § 422, subd. (a)[1]) and battery (§ 242), and found true a criminal street gang allegation applied to both offenses (§§ 186.22, subds. (b)(1)(B), (d)). The trial court found true the allegation that defendant had a prior felony conviction within the meaning of the “Three Strikes” law (§§ 667, subds. (a)-(d) & 1170.12, subds. (b)-(g)) and four prior felonies within the meaning of section 667.5, subdivision (b). Defendant was sentenced to state prison for 11 years and awarded 306 days of sentence credit consisting of 153 days of actual custody and 153 days of conduct credit.

         Defendant contends insufficient evidence supports the jury’s criminal street gang allegation findings, the prosecution did not plead or prove the prior strike conviction, and the trial court erred in calculating his award of sentence

Page 328

credit. We affirm the criminal street gang allegation and prior strike conviction findings, and order the minute order for defendant’s sentencing hearing and the abstract of judgment modified to reflect 416 days of sentence credit consisting ...


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