Filed 7/17/23 P. v. Castro CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SIX THE PEOPLE, 2d. Crim. No. B322907 (Super. Ct. No. BF179839A) Plaintiff and Respondent, (Kern County) v. JUAN MANUEL CASTRO, Defendant and Appellant. A jury convicted appellant Juan Manuel Castro of robbery (Pen. Code, § 212.5, subd. (a)), possession of ammunition by a convicted felon (Id., § 30305, subd. (a)(1)), and attempting to dissuade a witness from reporting a crime (Id., § 136.1, subd. (b)(1)). In a bifurcated bench trial, the court found true allegations that appellant had two prior serious felony convictions. It sentenced appellant to an aggregate term of 27 years, four months in state prison. Appellant raises three issues. First, he contends the trial court violated Evidence Code section 356 by denying his request to play jurors the complete recordings of his two post-arrest interviews with law enforcement. Second, he contends the court erred by allowing a detective to testify about appellant’s alleged gang ties. Third, he requests resentencing on his robbery conviction pursuant to Penal Code section 1170, subdivision (b).1 We affirm the judgment. FACTS AND PROCEDURAL HISTORY Irineo Mora called 911 on the night of January 18, 2020, to report a robbery at his apartment in Bakersfield’s La Loma neighborhood. A woman had knocked on his door and asked for money. A man dressed in black then appeared from behind her with a handgun. The suspects ordered Mora to kneel on the ground while they searched his apartment for valuables. They took a TV, laptop, stereo, cell phone, $500 in cash, a pair of pants, and Mora’s immigration papers. They also demanded the pin number for his Chase Bank debit card. Mora said the man threatened to “put people from his gang” on him if he spoke to police. Deputy Jose Gamboa of the Kern County Sheriff’s Office responded to the 911 call. He helped Mora contact Chase Bank to cancel his debit card over the phone. The bank confirmed someone had used the card moments earlier at a nearby convenience store. Sheriff’s Detective Vidal Contreras later obtained images from the store’s surveillance cameras. Mora identified the suspects in one of the images. Deputy Gamboa recognized the male suspect as appellant and arrested him soon after. Appellant was carrying an air pistol and a gun magazine with .38 caliber ammunition at the time of arrest. 1All further statutory references are to the Penal Code unless otherwise stated. 2 Deputy Gamboa and Detective Contreras each interviewed appellant after his arrest. Both interviews were recorded and transcribed. Appellant said his ex-girlfriend, Diane Barona, persuaded him to accompany her to Mora’s apartment. Barona told him …
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