People v. Gomez CA2/5

INTRODUCTION

A jury convicted defendant and appellant Christian Gomez of second degree robbery (Pen. Code, § 2111) and dissuading a witness by force or threat (§ 136.1, subd. (c)(1)). It further found that defendant committed the robbery and dissuading offenses for the benefit of, at the direction of, or in association with a criminal street gang as provided in section 186.22, subdivisions (b)(1)(C) and (b)(4), respectively. The trial court found true the allegations that defendant suffered a prior conviction charged under the “Three Strikes” law (§§ 667, subds. (b)-(i); 1170.12, subds. (a)-(d)) and section 667, subdivision (a). The trial court sentenced defendant to 19 years to life in state prison. On appeal, defendant contends that the trial court abused its discretion in admitting evidence consisting of statements and testimony referring to his gang moniker, erred in instructing the jury on the dissuading a witness offense, abused its discretion in denying his post-trial Faretta2 motion to represent himself, should have stayed the sentence for his robbery conviction under section 654, and abused its discretion in denying his motion to strike the alternate punishment…