P.

I. INTRODUCTION

Defendant Michael James Montes appeals from his conviction of two counts of

second degree robbery for the benefit of a criminal gang (Pen. Code,1 §§ 211, 186.22,

subd. (b)(1)(C)) and two counts of dissuading witnesses for the benefit of a criminal gang

(§§ 136.1, subd. (b)(1), 186.22, subd. (b)(4)(C)). Defendant contends (1) the evidence

was insufficient to sustain his conviction on one of the counts of dissuading a witness,

and (2) the trial court abused its discretion in denying probation based on factors largely

inherent in the offenses charged. We find no error, and we affirm. However, on our own

motion, we will direct that errors in the abstract of judgment and the minute order of the

sentencing hearing be corrected.

II. FACTS AND PROCEDURAL BACKGROUND

On October 17, 2009, D.V. went into the garage attached to his home in Colton.

The garage door was open, and D.V. saw two men inside the garage and another two men

outside.2 Defendant, whom D.V. knew as “Red,” was one of the men inside the garage.

Defendant knew one of the other men as “Joe.”

All further statutory references are to the Penal Code.

Four men, defendant, Joseph Andrew Rios,…