Gangs (adult sentencing only)

Name: People v. Sweeney
Case #: E064273
Opinion Date: 10/18/2016
  • Categories: Enhancements, Gangs (adult sentencing only), Prop 47, Sentencing

Summary

A felony conviction is eligible for reduction to a misdemeanor under Proposition 47 even if there is a gang enhancement (Pen. Code, § 186.22, subd. (b)) attached to it. Sweeney filed a Proposition 47 petition to reduce his felony convictions…

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Name: People v. Ewing
Case #: C072783
Opinion Date: 01/27/2016
  • Categories: Enhancements, Evidence, Expert Witness, Gangs (adult sentencing only), Insufficiency/Sufficiency of, Sentencing

Summary

Sufficient evidence established a "criminal street gang" where the perpetrators of the instant offense and predicate offenses were all members of the same gang and defendant was either a member or associate of that gang. Ewing and three others were…

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Name: People v. Salvador
Case #: A142488
Opinion Date: 02/04/2016
  • Categories: Enhancements, Gangs (adult sentencing only), One Strike Priors, Sentencing, Unlawful Sentence

Summary

Penal Code section 186.22, subdivision (b)(1)(C) 10-year gang enhancement cannot be imposed when the defendant is convicted of an offense that carries a life term under the One Strike law (Pen. Code, § 667.61). Salvador was convicted of a number…

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Name: People v. Prunty
Case #: S210234
Opinion Date: 08/27/2015
  • Categories: Enhancements, Evidence, Gang Affiliation, Gangs (adult sentencing only), Insufficiency/Sufficiency of, Sentencing

Summary

When the prosecution seeks to prove that a criminal street gang exists based on the conduct of one or more gang subsets, it must introduce evidence showing an organizational or associational connection that unites the gang subsets. Prunty, a Detroit…

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Name: People v. Chaides
Case #: E059517
Opinion Date: 09/17/2014
  • Categories: Gangs (adult sentencing only), Sentencing, Three Strike Priors, Wobblers

Summary

Trial court erred when it granted demurrer to prior strike allegation because complaint indicated that defendant's offense of unlawfully carrying a concealed firearm constituted a felony violation of Penal Code section 186.22, subdivision (a). A complaint filed against Chaides alleged…

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Name: People v. White
Case #: B250069
Opinion Date: 10/03/2014
  • Categories: Aiding and Abetting, Crimes, Evidence, Gangs (adult sentencing only), Insufficiency/Sufficiency of, Sentencing

Summary

There was sufficient evidence to support defendant's conviction for shooting at an inhabited dwelling under an aider and abetter theory even though he did not share the direct perpetrator's particular intent to shoot at the building. White and Gales, Tree…

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Name: People v. Venegas
Case #: B250678
Opinion Date: 09/11/2014
  • Categories: Abuse of Discretion, Gangs (adult sentencing only), Sentencing

Summary

Penal Code section 186.22, subdivision (g) does not restrict a trial court's discretion under section 1385, subdivision (a), to strike a section 186.22, subdivision (b)(4) gang allegation. Following a jury trial, Venegas was convicted of multiple offenses, including shooting at…

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Name: People v. Anaya et al.
Case #: F063835
Opinion Date: 10/07/2013
  • Categories: Constitutional Rights, Crimes, Elements of Crimes, Gangs (adult sentencing only), Limitations on, Sentencing

Summary

Trial court erred by imposing life terms pursuant to Penal Code section 186.22, subdivision (b)(4)(C) because this subdivision does not apply to violations of Penal Code sections 518 or 136.1, subdivision (b)(1) without additional factual findings by a jury. Appellants…

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Name: People v. Prunty
Case #: C071065
Opinion Date: 03/26/2013
  • Categories: Enhancements, Evidence, Gang Affiliation, Gangs (adult sentencing only), Insufficiency/Sufficiency of, Sentencing

Summary

There was sufficient evidence to support the gang enhancement despite appellant's claim that he was a member of a small subset of Nortenos. Prunty, an admitted Norteno gang member, fired six shots at a rival gang member, striking and injuring…

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Name: People v. Mejia
Case #: B229382
Opinion Date: 11/30/2012
  • Categories: Aiding and Abetting, Crimes, Enhancements, Gangs (adult sentencing only), Mens Rea, Prop 21 - Gang Violence, Sentencing

Summary

There was sufficient evidence that appellants were liable for the killing of their accomplice by a rival gang member under the theory of provocative act murder. At approximately 3:00 a.m., appellants, members of the 18th Street criminal street gang, went…

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