P. v. Briseno 6/20/03 CA4/3

State: California

Court: 1st District Court of Appeal 1st District Court of Appeal

Docket No: G029525

Case Date: 06/20/2003

Preview:Filed 6/20/03

CERTIFIED FOR PARTIAL PUBLICATION* IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION THREE THE PEOPLE, Plaintiff and Respondent, v. ALBERTO FRANCISCO BRICENO and EVARISTO LANDIN, Defendants and Appellants. G029525, G029607 (Super. Ct. No. 00NF3394) OPINION

Appeal from a judgment of the Superior Court of Orange County, Gregg L. Prickett, Judge. Reversed and remanded for resentencing. Leslie Conrad, under appointment by the Court of Appeal, for Defendant and Appellant Alberto Briceno. Frederick L. McBride, under appointment by the Court of Appeal, for Defendant and Appellant Evaristo Landin. Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Gil P. Gonzalez and Ronald A. Jakob, Deputy Attorneys General, for Plaintiff and Respondent.

to California Rules of Court, rules 976(b) and 976.1, this opinion is certified for publication with the exception of parts II, III, and V.

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A jury convicted Alberto Briceno and Evaristo Landin of four counts of second degree robbery and street terrorism and found allegations the robberies were committed for the benefit of a criminal street gang were true. The court found Briceno had suffered two prior serious felony convictions and a prior prison term. Defendants complain of the admission of gang expert testimony, instructional error, and the insufficiency of the evidence to support various convictions and enhancements. Because a criminal street gang enhancement (Pen. Code,

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