Franklin

Robert Franklin appeals from the judgment entered following a jury trial in which he was convicted of one count of first degree residential burglary in violation of Penal Code section 459 (count 5), one count of making criminal threats (§ 422, subd. (a)), one count of false imprisonment (§ 236; count 3) as the lesser included offense of kidnapping (§ 207, subd. (a)), and one count of attempted extortion (§§ 664, 520; count 4). All of the charged offenses were alleged to be gang related within the meaning of section 186.22, but the jury found the gang allegations true only as to the criminal threats and false imprisonment charges, and rejected the gang allegations as to the burglary and attempted extortion charges. (§ 186.22, subd. (b)(1).) Following a bench trial, the trial court found true the prior strike conviction allegation and sentenced appellant to state prison for 18 years four months.

Appellant contends (1) The true findings on the gang enhancement allegations must be reversed for insufficient evidence because they were based on the gang expert’s improper and unsubstantiated opinion, and there was no evidence the offenses were gang related; (2) The trial court…