Know more. Stephen M. Lathrop, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Garland, Assistant Attorney General, A. Koosed, Judges. Affirmed as modified, reversed in part, and remanded for a new sentencing hearing.
A jury convicted Christian Daniel Gates of two counts of first degree burglary Pen. The trial court sentenced Gates to 15 years to life on count 3, plus a consecutive 20 years for personal use of a firearm. The court also imposed a consecutive aggregate year term on count 1, a concurrent two-year term on count 2, a concurrent aggregate term of 27 years on count 4, and a consecutive aggregate term of three years on count 5.
Gates raises five challenges to the judgment. First, he argues the trial court abused its discretion by denying his Pitchess motions, and by admitting statements he made to a deputy sheriff during his pretrial incarceration in the Riverside County jail. Second, he challenges the sufficiency of the evidence to support the conviction on count 1, and the gang enhancement finding attached to count 1.
Finally, Gates claims the verdict form did not expressly state the jury found the attempted murder count 3 to also be a premeditated attempted murder, a difference that would significantly impact the trial court's imposition of sentence. Pitchess v. Superior Court 11 Cal. We agree with Gates final contention, modify the judgment and remand for a new sentencing hearing. In all other respects, the judgment is affirmed.
Gates told Little he was an affiliate of the SCM gang. He produced his school identification card from a red child's backpack.
