People v. Lasley CA4/1

INTRODUCTION

A jury convicted Dayveon Johnta Lasley and Nathaniel Tyrell Lakey, Jr., of two

counts of robbery (Pen. Code, § 211)1 and one count of street terrorism (§ 186.22, subd.

(a)). As to the robbery counts, the jury also found true allegations Lasley and Lakey

committed the robberies for the benefit of, at the direction of, or in association with a

criminal street gang (gang benefit enhancements) (§ 186.22, subd. (b)(1)(C)). The trial

court sentenced Lasley to 13 years in prison and Lakey to 14 years in prison.

Lasley and Lakey both appeal, contending there was insufficient evidence to

support the gang benefit enhancements. Lakey additionally contends the court erred by

admitting an officer's hearsay testimony and by not imposing a one-third term sentence

for the gang benefit enhancement related to the second robbery count. The People

concede the latter error and we remand the matter for resentencing. We affirm the

judgment in all other respects.

BACKGROUND

Lasley and Lakey entered a liquor store together. Lakey walked to the rear of the

store while Lasley went to the register, pointed a gun at the cashier's face, and demanded

money. When another…