The People v. Mora CA4/2

I. INTRODUCTION

A jury found defendant Cesar Albert Mora guilty of assault with a deadly weapon,

a knife, active participation in a criminal street gang, and possession of a shank while in

custody. The jury also found a gang enhancement true on the assault conviction and in a

separate trial found defendant had three prior serious felony convictions, three prior

strikes, and three prison priors. Defendant was sentenced to 58 years to life, including

years to life for the assault conviction plus five years for the gang enhancement on the

assault conviction. A 25-year-to-life term was imposed but stayed on the active gang

participation conviction.

On this appeal, defendant claims the evidence is insufficient to support his active

gang participation conviction and the gang enhancement on his assault conviction.

Regarding the active gang participation conviction, he argues no rational fact finder could

have concluded the Black Angels was a criminal street gang because the prosecution‟s

gang expert did not testify, and no other evidence showed, that the primary activities of

the Black Angels consisted of criminal acts listed in Penal Code section 186.22,

subdivision…