People v. Bishop CA3

BACKGROUND

We recount the relevant facts later, in the Discussion, as they relate to their sufficiency to support a gang crime conviction. The district attorney filed an information charging defendant with murder (§ 187, subd. (a)) and the gang crime (§ 186.22(a)). The information also alleged that defendant has a prior serious felony conviction for criminal threats (§§ 422; 667, subd. (a); 1192.7, subd. (c)) and a prior prison term based on the same criminal threats conviction (§ 667.5, subd. (b).) A jury acquitted defendant of murder, deadlocked 11 to 1 for conviction as to the lesser included voluntary manslaughter offense, and convicted him of the gang crime. The trial court found true the prior serious felony and prior prison term allegations. And the prosecution elected not to prosecute further the manslaughter count. The trial court sentenced defendant on the gang crime, as a felony, to the upper term of three years, doubled to six years under the “Three Strikes” law. (§ 667, subd. (e)(1).) The court imposed an additional five-year term because the defendant committed a serious felony and had a prior serious felony conviction. (§ 667, subd. (a).) And the court imposed but…