P.
P. v. Ceja CA4/3
Opinion
Opinion
Aronson, J.
introduction of some gang-related evidence was more prejudicial than probative. As we
explain, controlling precedent requires us to reject Ceja‘s confrontation challenge without
independently evaluating the merits of his claim. Controlling precedent also requires that
we reverse his conviction for active gang participation because the evidence does not
show he acted together with a fellow gang member to possess dozens of bullets the police
recovered in his jacket. Consequently, we reverse the judgment as specified in the
disposition, and affirm in all other respects.
I
FACTUAL AND PROCEDURAL BACKGROUND
Police conducting a parole search of Ceja‘s residence found gang
paraphernalia in his bedroom and on his cell phone, and they found in his garage a jacket
his size with a glass methamphetamine pipe and a baggie containing 74 rounds of
.22-caliber ammunition in one of the pockets. By virtue of a previous felony conviction,
Ceja was barred from possessing a firearm or ammunition. (Former §§ 12021, 12021.1,
2 now codified at §§ 29800, 29900, 30305, subd. (a); Welf. & Inst. Code, §§ 8100, 8103.)
He denied knowledge of the bullets or methamphetamine pipe.