People v. Moreno CA5

INTRODUCTION

Defendants Jesse Moreno, Jr., and Daniel Andrade were apprehended by police following a high-speed pursuit. Moreno was charged with evading the police (Veh. Code, § 2800.2, subd. (a)); count 1); unlawful taking of a vehicle (id., § 10851, subd. (a); count 2); and active participation in a criminal street gang (Pen. Code, § 186.22, subd. (a); count 3).1 A gang enhancement (§ 186.22, subd. (b)(1)) was attached to counts 1 and 2. He was convicted of evading police and the substantive gang charge, and the gang enhancement in count 1 was found true. The jury deadlocked on the unlawful taking of a vehicle charge. In a bench trial, the court found true the allegations Moreno had suffered two prior strike convictions (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)) and had served three prior prison terms (§ 667.5, subd. (b)). Moreno was sentenced to an aggregate term of 13 years in prison. Andrade was charged with receipt of stolen property (§ 496d, subd. (a); count 4) and active participation in a criminal street gang (§ 186.22, subd. (a); count 5). The jury found Andrade not guilty of receipt of stolen property, but guilty of active participation in a criminal street…