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Name: People v. Acuna
Case #: C059375
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 03/08/2010
Summary

To sustain a petition for a gang abatement injunction against a gang and named individuals, it must be proved that the gang and its members were responsible for the public nuisance to be abated and the individual defendants are members of what is proved to be a gang. The appellate court upheld the Yolo County Superior Court issuance of an injunction against the Broderick Boys, an alleged gang, save for provisions regarding controlled substances and alcohol. Adequate proof of the gang was provided by the prosecution expert witness. (People v. Englebrecht (2001) 88 Cal.App.4th 1236.)