People v. Eales CA3

Filed 8/17/21 P. v. Eales CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(Sacramento) ----

THE PEOPLE, C092330

Plaintiff and Respondent, (Super. Ct. No. 16FE010824)

v.

TERRY PARKER EALES,

Defendant and Appellant.

A jury found defendant Terry Parker Eales and his codefendant Justin Von Jorn guilty of second degree robbery and assault with force likely to produce great bodily injury. The jury found both defendant and Jorn committed the crimes for the benefit of the Norteño gang. On appeal, defendant argues insufficient evidence was presented at trial to support the gang enhancement and the trial court erred when instructing the jury on the elements of the gang enhancement and the reliability of eyewitness…