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Name: In re Walter S.
Case #: B144386
Court: CA Court of Appeal
District 2 DCA
Division: 2
Opinion Date: 06/06/2001
Subsequent History: Rev. granted 9/19/01; rev. dismissed 10/13/04: S099120
Summary

Editor’s note: review granted on this case. There was sufficient evidence to support a finding that appellant, a minor, possessed a sawed-off shotgun with the specific intent to promote criminal conduct by gang members in violation of Penal Code section 186.22, subdivision (b)(1), where appellant held the shotgun between his legs while driving with another Malditos gang member in a car appellant knew had been hijacked earlier that day by Malditos gang members. Penal Code section 186.30, which was added by initiative measure Proposition 21, and which provides that a minor convicted of Penal Code section 186.22, subdivision (b)(1) must register as a gang offender, is not unconstitutional. The statute is neither vague nor overbroad. The registration requirement does not shock the conscience or offend fundamental notions of human dignity, and did therefore not impose cruel and unusual punishment. Penal Code section 186.30 created an exception to Penal Code section 654. Therefore, where the minor had a wardship petition sustained for possessing a shotgun with the intent to further gang activities, he was subject to an enhancement for the gang-related offense and the registration requirement. Penal Code section 186.30 created an exception to Penal Code section 654. Therefore, where the minor had a wardship petition sustained for possessing a shotgun with the intent to further gang activities, he was subject to an enhancement for the gang-related offense and the registration requirement. There was sufficient evidence to support a finding that appellant, a minor, possessed a sawed-off shotgun with the specific intent to promote criminal conduct by gang members in violation of Penal Code section 186.22, subdivision (b)(1), where appellant held the shotgun between his legs while driving with another Malditos gang member in a car appellant knew had been hijacked earlier that day by Malditos gang members.