People v. ESQUIVEL MARTINEZ

RYLAARSDAM, Acting P.J.

Defendant Oscar Esquivel Martinez was convicted of three counts of robbery (Pen.Code, § 211; all further statutory reference are to this code unless otherwise indicated), active participation in a criminal street gang (§ 186.22 subd. (a)), carrying a loaded firearm while a member of a criminal street gang (§ 12031, subd. (a)(1)), and assault with a semiautomatic firearm (§ 245, subd. (b)). The jury found all but one of these crimes had been committed for the benefit of a criminal street gang (§ 186.22, subd. (b)(1)) and that defendant personally used a firearm to commit the offenses (§ 12022.53, subds.(b), (d) & (e)(1)). In a bifurcated proceeding the court found that defendant previously had been convicted of a serious felony (§ 667, subds. (a)(1), (d) & (e)). Pursuant to that finding, the court doubled the base terms imposed for the various convictions and sentenced defendant to a total term of 44 years.

In this appeal, defendant contends that insufficient evidence supports his conviction for active participation in a criminal street gang, that the trial court erred in admitting evidence of his earlier possession of a firearm, and that the court erred…