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Name: People v. Garcia
Case #: G037489
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 08/07/2007
Summary

For purposes of the gang offense (Pen. Code, § 186.22, subd. (a)), evidence of the defendant’s actual knowledge of current, key, gang information is sufficient to establish the element of active participation in the gang.

During a post-arrest interrogation, appellant told police details of where gang members were currently living, where they were hiding guns, and which members were currently involved in gang shootings. At trial, the gang expert testified that gang members would never share this information with non-gang members. The Court of Appeal found the appellant’s current comprehensive knowledge of key details, coupled with the expert’s testimony, was sufficient to support the conviction for the offense of active participation in a gang.