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Name: People v. Ngoun
Case #: F032526
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 04/11/2001
Subsequent History: Rev. den. 7/25/01

In this case, the undisputed evidence showed that defendant was the perpetrator of a gang-related murder and other assaults. The court rejected the contention that liability under Penal Code section 186.22 (participation in a street gang) was limited to aiders and abettors; it applied to perpetrators as well. In relevant part, the statue imposes liability if one “promotes, furthers, or assists in any felonious criminal conduct” by members of the gang. Based on the words of the statute, the court could find no intent to exclude perpetrators. The court concluded that CALJIC 6.50 (1996 version) incorrectly stated that a person must aid and abet under the statute and suggested that the CALJIC committee revise the instruction.