People v. Medina CA6

I. BACKGROUND

A. The Information In the operative first amended information, the Monterey County District Attorney charged Medina with (1) second degree robbery (count 1, § 211); (2) conspiracy to commit second degree robbery (count 3, § 182, subd. (a)(1)); and (3) possession of a firearm by a felon (count 2, § 29800, subd. (a)(1)). That information included an allegation that Medina had two prior convictions qualifying as strike offenses (§§ 667, subd. (d), 1170.12, subd. (b)) because they were associated with gang activity: (1) a 2015 conviction for vehicle theft (Veh. Code, § 10851) with a gang enhancement (§ 186.22, subd. (b)(1)); and (2) a 2018 conviction for participation in a criminal street gang (§ 186.22, subd. (a)). The information further alleged circumstances in aggravation. B. Trial Evidence John Doe had been acquainted with Medina since Doe was in middle school, as Medina’s older brother was one of Doe’s middle school friends. After a night drinking on the town with Medina, Doe was beaten and robbed in his home. Doe’s testimony, corroborated by Medina’s parole-mandated GPS tracking monitor and an accomplice’s declaration against interest, implicated Medina…