P.

P. v. Ceja CA4/3

Good Law
Court of Appeal of CaliforniaMay 31, 2013G044737California4,614 words

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.

The police…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.