Galvan
People v. Galvan
Opinion
Opinion
Reardon, J.
A jury convicted appellants Thomas Galvan, Jr., and Jose Juan Madrid of felony assault and second degree robbery. Enhancements alleging the infliction of great bodily injury, inflicting of great bodily injury causing coma or paralysis and criminal street gang activity were also found to be true. (See Pen. Code, §§ 186.22, subd. (b)(1), 211, 245, subd. (a)(1), 12022.7, subds. (a), (b).) Galvan was committed to state prison for 10 years and ordered housed at the California Youth Authority (CYA) (Welf. & Inst. Code, § 707.2); Madrid received a 12-year term in state prison. Madrid appeals, contending that (1) evidence of the charged offenses was improperly used to prove a gang enhancement; and (2) the ban on multiple punishment precludes imposition of consecutive gang and great bodily injury enhancements. Galvan also appeals, contending that (3) his sentence must be remanded to the trial court for an order directing a fitness evaluation by the CYA. Both (4) challenge the sufficiency of evidence to support the gang enhancement and (5) contend that the jury instructions on the gang enhancement were incorrect. We affirm both convictions, including the sentences.