OCEANSIDE — A man reputed to be an Oceanside gang member dodged a life sentence in prison when he pleaded guilty March 11 to a lesser charge during a readiness conference in a Vista Superior Court.

Less than a week after a mistrial was declared in Joseph Moreno’s kidnapping for carjacking trial, the 28-year-old man pleaded guilty to one count of carjacking with a prior felony conviction and was sentenced immediately to five years in prison.

Moreno, also known as Marcus Englebrecht, was charged with one count of kidnapping for carjacking and three counts of kidnapping with the allegation that crime was committed for the benefit of a criminal street gang.

The kidnapping for carjacking charge alone carried a life sentence.

In an interview after Moreno’s plea agreement, Deputy District Attorney Terri Perez said she believed the big issue in the case came down to consent.

Jurors questioned whether the victim, Angelina Quesada, did anything obvious enough to let Moreno know she didn’t want him in her car, Perez said.

The panel was hung 6-5 in favor of guilt with the 12th juror undecided.

Quesada and Moreno both agreed in their testimony about the superficial facts of the Nov. 9 incident, such as the time and places they visited; however, their perceptions of the approximately 30-minute car ride were as different as night and day.

Quesada testified that Moreno entered her car without her permission as she was sitting in the parking lot of an Oceanside McDonald’s with her two young sons.

She said he then had her drive him to several city residences while telling her he was a parolee at large and a gang member. Despite her calm demeanor during the incident, she testified she was frightened to death inside and felt she had no other choice except to comply.

However, Moreno testified he thought Quesada agreed to give him a ride and he even offered her money and his watch for her trouble. He said there were a couple of moments when he sensed Quesada was getting nervous, but he tried to calm her by informing her he wasn’t carrying any weapons and wasn’t interested in harming her.

Defense attorney Stephen R. Sweigart argued throughout the trial that he believed that Quesada initially consented to the ride, but once she saw Moreno’s tattoos, which are on his face and neck, and found out about his client’s background, she realized giving him a ride probably wasn’t the best idea; however, she never informed the defendant of her change of heart as she drove him from place to place.