Leon

I.

INTRODUCTION

A jury found Jose Luis Leon guilty of burglary (Pen. Code, § 459) (count 1), attempting to dissuade a witness from reporting a crime (§ 136.1, subd. (b)(1)) (count 2), possessing a concealed firearm in a vehicle while being an active participant in a criminal street gang (§ 12025, subd. (b)(3)) (count 3), and carrying a loaded firearm while being an active participant in a criminal street gang (§ 12031, subd. (a)(1)) (count 4). With respect to each count, the jury found that the crime was gang related within the meaning of section 186.22, subdivision (b)(1). The trial court sentenced Leon to a term of 10 years four months in prison.

On appeal, Leon claims the evidence is insufficient to support the guilty verdict on count 2, witness intimidation, and insufficient to support the gang sentence enhancements on all counts. In addition, Leon claims that his conviction on count 2, and the gang sentence enhancements, must be reversed because the trial court improperly admitted evidence of his commission of a prior uncharged offense. We reverse the judgment with respect to count 2 on the ground of insufficient evidence, affirm the judgment with respect to the…