Evidence

Sufficiency Evidence Gang Enhancements

Was the evidence sufficient to support the criminal street gang enhancements imposed under Penal Code section 186.22, subdivision (b)? On 4/21/2021, the court ordered the issues to be briefed and argued in this case limited to the following: When a member of a criminal street gang acts alone in committing a felony, what evidence will suffice to establish the felony…

Case: People v. Renteria (2022) 13 Cal.5th 951
Case Number: S266854
Updated: August 25, 2022
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Sufficiency of the Evidence–Conspiracy to Commit Murder for the Benefit of a Gang

Does sufficient evidence support Hoskins's Count 1 conviction for conspiracy to commit murder? [Editor's Note: Count 1 in this case alleged that multiple defendants conspired to commit murder (Pen. Code, §§ 182, subd. (a), 187) for the benefit of a criminal street gang (§ 186.22, subd. (b)(1)) between January 1, 2012, and April 23, 2014. On appeal, it was undisputed that the…

Case: People v. Ware (2022) 14 Cal.5th 151
Case Number: S263923
Updated: December 1, 2022
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Retroactivity of PC § 352.2 (Added by AB 2799), Which limits the Admissibility of Creative Expressions

People v. Bankston and People v. Hin, both automatic appeals, include an issue involving the retroactivity of the provision in Assembly Bill No. 2799 (Stats. 2022, ch. 973) limiting the admissibility of creative expressions (Pen. Code, § 352.2). Review on this issue has also been granted with briefing deferred in: People v. Venable (E071681) [nonpub. opn.], review granted 5/17/2023 (S279081)

Case: People v. Bankston; People v. Hin
Case Number: S044739 (Bankston) / S141519 (Hin)
Updated: May 17, 2023
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