People v. Tapia-Reyes CA6

I. INTRODUCTION

Defendant Martin Tapia Reyes was convicted, by jury trial, of robbery (Pen. Code, § 211)1 and active participation in a criminal street gang (§ 186.22, subd. (a)). The trial court found that defendant had two prior serious felony convictions (§ 667, subd. (a)(1)) that qualified as strikes (§§ 667, subds. (b)-(i), 1170.12). Defendant was sentenced to an indeterminate term of 25 years to life for the robbery, plus a 10-year determinate term for the prior serious felony allegations. The trial court imposed a concurrent indeterminate term of 25 years to life for the criminal street gang offense. The trial court imposed a $66 crime prevention fine (§ 1202.5) as well as other fees and fines.

1 All further statutory references are to the Penal Code unless otherwise indicated. Defendant appealed to this court, claiming there was insufficient evidence to support his conviction of active participation in a criminal street gang. (§ 186.22, subd. (a).) Based on the recent California Supreme Court case of People v. Rodriguez (2012) 55 Cal.4th 1125 (Rodriguez), we agreed, and we reversed that conviction. (People v. Tapia Reyes (May 21, 2013, H037362) [nonpub opn.].)2 We…