People v. Maldonado CA5

INTRODUCTION

Appellant Nicholaus Maldonado was convicted of first degree robbery committed by two or more people (Pen. Code,1 § 213, subd. (a)(1)(A), count 1) and active participation in a criminal street gang (§ 186.22, subd. (a), count 3.)2 As to count 1, the jury found that Maldonado personally used a firearm in the commission of the offense (§ 12022.53, subds. (b), (e)(1)), and that he committed the crimes for the benefit of, at the direction of, or in association with a criminal street gang, with the specific intent to promote, further, or assist in criminal conduct by gang members (§ 186.22, subd. (b)(1), (b)(4)). The trial court struck the firearm enhancement and sentenced Maldonado to a prison term of 15 years to life. Maldonado raises the following claims on appeal: (1) The trial court abused its discretion by declining to declare a mistrial when some of the prospective jurors articulated fears of criminal street gangs during voir dire. Maldonado further contends the trial court erred by denying trial counsel’s request to empanel a new jury for the gang phase of his trial following an instance of juror misconduct. (2) There is insufficient evidence to support the…