P.

P. v. Hebrard CA2/4

Good Law
Court of Appeal of CaliforniaApril 24, 2013B239269California2,494 words

Opinion

Opinion

Manella, J.

INTRODUCTION

LeAndre Hebrard appeals from his conviction, following a jury trial, of second degree robbery. He contends (1) the trial court erred in allowing a gang expert to testify about gang members leaving a gang, (2) there was insufficient evidence to support the gang enhancements, and (3) the court erred in sentencing him to separate consecutive terms for the firearm and gang enhancements. Finding no error, we affirm.

STATEMENT OF THE CASE

1 A jury found appellant guilty of second degree robbery (Pen. Code, § 211). It found true the allegation that appellant personally used a firearm to commit the robbery (§ 12022.53, subd. (b)), that a principal was armed with a firearm (§ 12022, subd. (a)(1)), and that the crime was committed for the benefit of a criminal street gang with the intent to promote, further, and assist the gang (§ 186.22, subd. (b)(1)). The trial court sentenced appellant to a total of 23 years in prison, consisting of the midterm of three years for the robbery conviction, plus 10 years consecutive for the personal use firearm enhancement, and 10 years consecutive for the gang enhancement. The one-year firearm enhancement under section 12022, subdivision…

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