P. v. Price
A jury convicted Keshawn Lynell Price of carrying a loaded firearm (Pen. Code,[1] § 12031,[2] subd. (a)(1)). In addition, the jury found true the enhancement allegations that Price was not the registered owner of the firearm under section 12031, subdivision (a)(2)(F), and that he was an active participant in a criminal street gang within the meaning of section 12031, subdivision (a)(2)(C).
The court sentenced Price in the present case along with another unrelated case, No. SCD233723. The court chose case No. SCD233723 to constitute the principal term, imposed the middle term of three years, and increased the term to five years to reflect the street gang enhancement. In the present case, the court imposed one-third the middle term of two years (eight months) to run consecutively with the principal term for a total of five years eight months.
Price appeals the jury's findings regarding his active participation in a criminal street gang, contending there was insufficient evidence to show he had knowledge that members of Skyline Piru (Skyline) and O'Farrell Park (O'Farrell) engaged in a pattern of criminal activity. Additionally, Price appeals his conviction of carrying a loaded firearm, contending there was insufficient evidence that he carried the gun. We conclude there was sufficient evidence of Price's knowledge that Skyline and O'Farrell engaged in a pattern of criminal activity and that he carried the gun on the night in question. Accordingly, we affirm the judgment.
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