PEOPLE v. MESA Part-I
<script src="http://www.google-analytics.com/urchin.js" type="text/javascript"> </script> <script type="text/javascript"> _uacct = "UA-1698443-1"; urchinTracker(); </script> <html ><br /> <head><br /> <title>PEOPLE v</title><br /> </head><br /> <body><br /> <div><br /> <br/> <br /> <br/> <br /> <br/> <br /> <br/><b >PEOPLE v. </b><b<br /> >MESA</b><b<br /> ></b><br /> <br/><b > </b><br /> <br/><b > </b><br /> <br/><b > </b><br /> <br/><b > </b><br /> <br/> <br /> <br/> <br /> <br/> <br /> <br/> <br /> <br/>Filed<br /> 7/13/10<br /> <br/> <br /> <br/> <br /> <br/> <br /> <br/>CERTIFIED FOR PUBLICATION<br /> <br/> <br /> <br/> <br /> <br/>COURT<br /> OF APPEAL, FOURTH APPELLATE DISTRICT<br /> <br/> <br /> <br/>DIVISION<br /> ONE<br /> <br/> <br /> <br/>STATE<br /> OF CALIFORNIA<br /> <br/> <br /> <br/> <br /> <br/> <br /> <table class=MsoNormalTable border=0 cellspacing=0 cellpadding=0 width=624<br /> ><br /> <tr ><br /> <td width=336 valign=top ><br /> <br/>THE PEOPLE,<br /> <br/> <br /> <br/> Plaintiff and Respondent,<br /> <br/> <br /> <br/> v.<br /> <br/> <br /> <br/>TOMMY ANGEL MESA,<br /> <br/> <br /> <br/> Defendant and Appellant.<br /> <br/> <br /> </td><br /> <td width=288 valign=top ><br /> <br/> D056280<br /> <br/> <br /> <br/> <br /> <br/> <br /> <br/> (Super. Ct.<br /> No. RIF137046)<br /> </td><br /> </tr><br /> </table><br /> <br/> <br /> <br/> APPEAL from<br /> judgments of the Superior Court<br /> of Riverside<br /> County, Helios J. Hernandez, Judge. Affirmed in part; reversed in part with<br /> instructions.<br /> <br/> <br /> <br/> Richard de<br /> la Sota, under appointment by the Court of Appeal, for Defendant and Appellant.<br /> <br/> Edmund G.<br /> Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney<br /> General, Gary W. Schons, Assistant Attorney General, Steve Oetting and Meredith<br /> A. Strong, Deputy Attorneys General, for Plaintiff and Respondent.[1]<br /> <br/>In separate incidents, Tommy Angel<br /> Mesa, a gang member, shot and severely wounded two complete strangers. He used the same gun in both incidents, and<br /> later was found in possession of the gun<br /> and several rounds of ammunition. Mesa<br /> was convicted of two counts of assault with a firearm, three counts of being a<br /> felon in possession of a firearm, one count of being a felon in possession of ammunition, and two counts<br /> of actively participating in a criminal street gang.<br /> <br/> With<br /> respect to the assault convictions, the jury found true great bodily injury and<br /> personal firearm allegations. With<br /> respect to one of the assault convictions and one of firearm possession counts,<br /> the jury found gang participation allegations true.<br /> <br/> Mesa<br /> does not challenge his convictions on the substantive counts or the sufficiency<br /> of the evidence supporting the enhancements. <br /> Nonetheless, Mesa raises a<br /> number of sentencing issues. First, he<br /> contends, and the Attorney General agrees, that with respect to one of the<br /> assault convictions, the trial court erred in imposing the gang enhancement. As Mesa<br /> points out, Penal Code[2]section<br /> 1170.1, subdivsions (f) and (g), prevented the trial court from imposing the<br /> gang enhancement along with either the firearm enhancement or the great bodily<br /> injury enhancement.<br /> <br/> Secondly,<br /> he contends the trial court erred in imposing consecutive sentences on the three<br /> firearm possession convictions. He<br /> argues the record shows he had continuous possession of the firearm and that,<br /> in light of that continuous possession, section 654 required that imposition of<br /> sentencing be stayed on two of the firearm possession counts.<br /> <br/> We<br /> agree. A felon's continuous possession<br /> of a single firearm does not permit multiple punishments for violation of the<br /> statute that prohibits felons from possessing a firearm.<br /> <br/> Mesa<br /> also argues section 654 prevents separate punishments for assault and for<br /> participation in a criminal street gang. We disagree with this contention. The criminal street gang statute punishes<br /> conduct and intentions that are separate from the conduct and intentions that<br /> give rise to culpability for assault with a firearm.<br /> <br/> Finally, Mesa<br /> argues he should not have been punished for both possessing a firearm and<br /> possessing ammunition. We disagree with<br /> this contention as well. Where, as here,<br /> a felon has possession of both a firearm and ammunition that is not in the<br /> firearm, separate punishments may be imposed.<br /> <br/> Accordingly,<br /> we reverse Mesa's convictions in<br /> part and remand for further proceedings.<br /> <br/>FACTUAL<br /> BACKGROUND<br /> <br/> The record<br /> shows Mesa was a member of the<br /> Coroneros set of the Corona Varios Locos criminal street gang.<br /> <br/> On the<br /> evening of April 27, 2007,<br /> Ghalen W. was asleep next to his four-year-old son in the apartment in Corona<br /> where he lived with his two other sons and their mother. April 27 was prom night and Ghalen's oldest son<br /> Jeron was at home that evening with his prom date. At around 10<br /> p.m., Jeron woke Ghalen up and asked him to go outside with him and<br /> his date so that they could meet his date's mother. Jeron told his father a group of guys were<br /> hanging around outside the apartment.<br /> <br/> Ghalen went<br /> outside his apartment and saw a group of five or six Hispanic males, including Mesa. Ghalen told his son and his date to stay near<br /> the apartment while Ghalen went to see if the date's mother had arrived. As Ghalen walked toward the street, Mesa<br /> confronted him and said: "Why are<br /> you walking tough in my neighborhood, Holmesâ€