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Name: People v. Oates
Case #: E029354
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 04/24/2002
Subsequent History: Appellant’s Rev. denied 6/19/02. Respondent’s rev. granted 7/24/02. Depublished.
Summary

There was sufficient evidence to support appellant’s conviction for aggravated mayhem and attempted murder where appellant and several other gang members drove into a rival gang territory and fired shots at rival gang members, injuring one in the leg. The enhancement pursuant to section 12022.53 (d) also had to be stricken, as opposed to stayed, because the court imposed a section 12022.53 (c) enhancement on the same count. Section 12022.53 (f) provides that only one additional term shall be imposed per person for each crime. Appellant waived any claim of juror misconduct by failing to object to the juror remaining on the panel, after she said that she had driven down the street where the crime occurred. Further, an ineffective assistance of counsel claim could not prevail because there was a satisfactory reason that counsel could have chosen not to excuse the juror.