People v. Wright CA2/8
Opinion
Opinion
Viramontes, J.
INTRODUCTION
Jerry Wright appeals from his judgment of conviction of one count of conspiracy to furnish a controlled substance to a prisoner. (Pen. Code1 §§ 182, subd. (a)(1), 4573.9.) Wright contends that (1) the evidence was insufficient to support his conviction, (2) the trial court erred in admitting evidence of his alleged coconspirator’s gang membership, and (3) the trial court abused its discretion in denying his motion to strike a prior conviction allegation under People v. Superior Court (Romero) (1996) 13 Cal.4th 497 (Romero). We conclude there was substantial evidence to support Wright’s conviction based on the conduct, relationship, and interests of the alleged conspirators. We also conclude the trial court did not err in admitting the challenged gang evidence because it was relevant to the charged offense and was not unduly prejudicial. In addition, we conclude the trial court did not abuse its discretion in denying the Romero motion because we presume the court considered the relevant factors, and Wright has failed to show that its sentencing decision was irrational or arbitrary. We accordingly affirm.