P.

I.

INTRODUCTION

A jury found defendant Raymond Anguiano, Sr., guilty of possession of a firearm

by a felon; possession of methamphetamine; possession of heroin; resisting, obstructing, or delaying an officer; and street terrorism. Anguiano's street terrorism conviction is

based on his conduct on the day he possessed personal use amounts of methamphetamine

and/or heroin and resisted an officer.1 The evidence that the prosecution presented to

prove the street terrorism charge is that Anguiano was sitting alone, on a porch, when he

noticed police officers approaching him. Anguiano attempted to flee from the officers

and threw the drugs over a fence. It is undisputed that Anguiano, a documented gang

member, was alone at the time.

In this appeal, Anguiano contends that (1) there is insufficient evidence to support

his conviction for street terrorism; (2) the trial court erred in failing to grant a new trial

with respect to the count charging him with street terrorism; (3) the trial court erred in

failing to instruct the jury that it must unanimously agree on which act formed the basis

of the street terrorism offense; (4) the trial court erroneously instructed the…