P. v. Ortega CA4/1
Evading a traffic stop by City of Ontario police, Ulises Ortega lapped a residential block in gang territory several times before fleeing his vehicle on foot and discarding a firearm in someone's backyard. A jury convicted Ortega of evading a police officer with wanton disregard for public safety and being a felon in possession of a firearm. It found the gang enhancement allegations attached to both counts true.
Ortega challenges only his gang enhancements on appeal. He argues there was insufficient evidence he fled from the police or possessed a firearm "with the specific intent to promote, further, or assist in any criminal conduct by gang members," as the statute requires. He also contends the gang expert related case-specific hearsay to the jury, in violation of People v. Sanchez (2016) 63 Cal.4th 665 (Sanchez). Because we agree with his first claim, we do not reach the second. We order the trial court to strike the gang enhancements and remand for resentenci
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