P. v. Sisneros
Two “validated Mexican Mafia associates†were housed next to each other in single-person cells in the high security unit of the Los Angeles County jail. When deputies found one of these inmates trying to clean up the blood pouring from two deep slices in his forearm, neither the injured inmate nor anyone else would say what had happened. There was blood in the adjacent cell, however, and Joseph Sisneros, known as the “shot caller†on the row, said the other inmate “must have fell.â€
Sisneros was convicted of assault with a deadly weapon and custodial possession of a weapon with gang, prior strike, great bodily injury and personal use of a deadly weapon allegations found true. He was sentenced to a term of 44 years plus 50 years to life in state prison. Sisneros appeals, claiming the gang allegation should have been dismissed, the trial court should have bifurcated the gang allegation, the gang expert’s testimony was improper, the trial court abused its discretion in admitting evidence of a subsequent attack on the victim, and the trial court improperly imposed a consecutive sentence and deadly weapon enhancement. In addition, we asked the parties to brief the issue of whether imposition of the 10-year gang enhancement was improper in this case.
As the People concede, the deadly weapon enhancement must be stricken, and we conclude imposition of the 10-year gang enhancement was improper, but in all other respects, we affirm.
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