People v. Simmons CA2/7

INTRODUCTION

A jury convicted Ron Simmons on one count of actively participating in a criminal street gang conspiracy, 10 counts of first degree burglary, two counts of first degree robbery, two counts of attempted first degree robbery, and one count each of torture and mayhem in connection with one of the burglaries. The jury also found true gang allegations on each of the burglary, robbery, and attempted robbery counts. The trial court sentenced Simmons to a determinate term of 46 years 4 months, and a concurrent indeterminate term of 15 years to life. Simmons contends substantial evidence did not support most of his convictions or the true findings on the gang allegations on the torture and mayhem convictions. Simmons also contends the trial court erroneously imposed an additional 35 years of imprisonment. And Simmons contends the court should have stayed execution of the sentence on his conviction for actively participating in a criminal street gang conspiracy (count 1). We agree with the last contention only and remand for the trial court to correct this and another sentencing error. Meanwhile, while this appeal was pending, the Legislature enacted Senate Bill No. 567…