P. v. Cardenas




Filed 4/27/11 P. v. Cardenas CA1/4





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California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.





IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION FOUR

THE PEOPLE, Plaintiff and Respondent, v. JOSE CARLOS CARDENAS et al., Defendants and Appellants.

A122098 (Alameda County Super. Ct. No. H43946)

In June 2008, a jury convicted appellant Jose Carlos Cardenas of attempted murder and assault with a deadly weapon; convicted his codefendant, appellant Oscar Alamilla Moreno, of assault with a deadly weapon; and sustained gang and great bodily injury enhancements for each conviction. (Pen. Code,[1] §§ 186.22, subd. (b)(1), 187, subd. (a), 245, subd. (a)(1), 664, 12022.7, subd. (a).) The trial court sentenced Cardenas to 20 years in state prison: a seven-year middle term for attempted murder, a three-year great bodily injury enhancement, and a 10-year gang enhancement, with sentence on the assault count stayed. (§§ 245, subd. (a)(1), 654.) Moreno received 15 years in state prison: a two-year lower term for assault with a deadly weapon, a three-year great bodily injury enhancement, and a 10-year gang enhancement. The trial court struck a prior felony conviction of unlawful driving or taking of a vehicle alleged against Moreno. (Veh. Code, § 10851, subd. (a).)
On appeal, both appellants claim there was insufficient evidence to establish that the B Street gang (B St.) was a criminal street gang. We conclude the evidence was ample and hence affirm the judgment.
I. FACTS
A. B St. Background
B St. began in the mid-1990's, evolving from a smaller street gang known as Brown Pride Sureños. B St. claimed gang affiliation with the umbrella gang known as the Sureños. The gang's area of operation included B Street in Hayward, the surrounding neighborhood, and several nearby cross-streets. Because Sureños have a smaller population in the area than their rivals, the Norteños, it is common for B St. members to commit crimes with members from other Sureños gangs. An ongoing turf war exists between B St. and a Norteños street gang that operates on A Street in Hayward. At the time of the incident, membership in B St. approximated 40 members.
Members of B St. had never been charged with a gang enhancement. One B St. member had twice been found riding around in stolen cars, but it was unknown whether he was ever charged or convicted of a crime. Another member had been arrested for possession of a knife, but it was unknown if he was ever convicted. Members of B St. would also make graffiti taggings in their turf and other gangs' turfs.
B. Appellants' B St. Activity
In October 2006, Moreno was arrested for driving a stolen vehicle. In December 2006, he was convicted of unlawful taking or driving of a vehicle. (Veh. Code, § 10851, subd. (a).)
On May 11, 2007, Moreno participated in an intake classification interview at the Santa Rita jail. He admitted he was a Sureño gang member from B Street in Hayward and had the moniker â€