Augborne

I. Introduction

Defendant, Brit Fanuel Augborne III, appeals from his convictions for second degree robbery (Pen. Code, §211) and criminal threats. (§ 422.) The jury also found a criminal street gang enhancement allegation to be true. (§ 186.22, subd. (b)(1).) Finally, defendant admitted that at the time he committed the robbery he was released from custody on his own recognizance. (§ 12022.1.) Defendant argues there was insufficient evidence to support the section 186.22 gang enhancement; the trial court erroneously imposed two section 12022.1 on-bail enhancements; and the prosecutor committed misconduct. The Attorney General argues the judgment should be modified to impose a fine pursuant to section 1202.45, defendant should receive no presentence credits, and the sentence in this case should run consecutively to that in case No. YA046778.

In the published portion of this opinion, we discuss two issues. First we discuss whether there was sufficient evidence to support the section 186.22 gang enhancement finding. In order for the gang enhancement to apply, section 186.22, subdivision (e) requires that two or more enumerated offenses be committed within specified times…