People v. Santos CA2/7

INTRODUCTION

Defendant David Cesar Santos appeals from the judgment of conviction entered after a jury found him guilty of assault upon a peace officer (Pen. Code,1 § 245, subd. (c); count 1), six counts of second degree robbery (§ 211; counts 2, 3, 4, 7, 8, 9), and attempted second degree robbery (§§ 211, 664; count 6),2 and also found true the allegation in each count that the offense was committed for the benefit of or in association with a criminal street gang with the specific intent to promote, further or assist in criminal conduct by gang members (§ 186.22, subd. (b)(1)(C)).3 The trial court sentenced Santos to state prison for a total of 20 years, consisting of the middle term of three years and a consecutive term of 10 years pursuant to section 186.22, subdivision (b)(1)(C), on count 2, plus an additional seven years comprised of consecutive terms of one-third of the middle term on all remaining counts. Santos contends that (1) the improper admission of evidence of prior bad acts violated his federal due process rights and deprived him of a fair trial, (2) the trial court committed prejudicial error in instructing the jury regarding the evidence of his prior bad acts,…