P. v. Delarosa CA4/2
Law enforcement officers attempted to stop appellant, Moises Delarosa, when he was riding a bicycle on the sidewalk within a gang injunction “safety zone.” Delarosa fled, and during a chase attempted to discard a loaded firearm. The officers recovered the firearm and arrested Delarosa.
A jury convicted him of two felonies, being a felon in possession of a firearm (Pen. Code, § 29800, subd. (a)(1)) and being a prohibited person in possession of ammunition (§ 30305, subd. (a)). The jury found Delarosa had the firearm and ammunition for the benefit of a criminal street gang, and the trial court enhanced each felony sentence (§ 186.22, subd. (b)(1)(A)), although it stayed the sentence and the enhancement for the ammunition charge under section 654. Overall, the court imposed a state prison sentence of four years four months.
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