People v. Jimenez CA5

INTRODUCTION

Appellant Orion Arquimides Jimenez was charged in an information, filed on October 4, 2012, with attempted robbery (Pen. Code, §§ 664 & 212.5, subd. (c), count 1),1 assault by means likely to produce great bodily injury (§ 245, subd. (a)(4), count 2), and active participation in a criminal street gang (§ 186.22, subd. (a), count 3). Counts 1 and 2 alleged the enhancement that appellant committed those offenses for the benefit of a criminal street gang (§ 186.22, subd. (b)(1)). All three counts alleged an enhancement for committing great bodily injury on the victim in the commission of the offenses (§ 12022.7, subd. (a)). The trial court denied appellant’s pretrial motion to bifurcate the gang evidence from counts 1 and 2. The court further granted some of appellant’s motions to exclude gang evidence and denied other motions to exclude such evidence. At the conclusion of a jury trial on March 21, 2013, appellant was found guilty of all three counts, as well as of the gang enhancements on counts 1 and 2. The jury did not find true the great bodily injury allegation alleged as to each count. At the sentencing hearing on April 19, 2013, the trial court sentenced…