P. v. Alvarado-Penaloza CA4/3
Appellant Oscar Alvarado-Penaloza was arrested in his neighborhood and
found to be in possession of a loaded, unregistered firearm. At trial, there was no direct
evidence as to why appellant had the gun or whether he was planning to use it. However,
a gang expert opined appellant possessed the gun for the benefit of a criminal street gang,
and the jury so found. The sole issue before us is whether that finding is supported by
substantial evidence. Although it’s a close call, we believe the answer to that question is
no. We therefore reverse the jury’s true finding on the gang enhancement allegations.
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