Prop 21 - Gang Violence

Name: People v. Arroyo
Case #: G048659
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 04/28/2014
Subsequent History: Review granted 7/23/14: S219178
  • Categories: Grand Jury, Jurisdiction & Venue, Jurisdiction Over Person, Minor Found Unfit, Motion Attacking, Pleadings, Prop 21 - Gang Violence, Sentencing

Prosecution of 14-year-old defendant in adult court may proceed via grand jury indictment. The Orange County Grand Jury issued an indictment that charged Arroyo and others with conspiracy to commit murder for the benefit of a gang and other offenses.…

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Name: People v. Mejia
Case #: B229382
Court: CA Court of Appeal
District 2 DCA
Division: 8
Opinion Date: 11/30/2012
  • Categories: Aiding and Abetting, Crimes, Enhancements, Gangs (adult sentencing only), Mens Rea, Prop 21 - Gang Violence, Sentencing

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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Name: People v. Louie
Case #: C062821
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 02/07/2012
  • Categories: Double Punishment (PC 654), Limitations on, Prop 21 - Gang Violence, Sentencing

A gang enhancement under Penal Code section 186.22, subdivision (b)(1) may not be imposed when subdivision (b)(4) or (b)(5) applies instead. A jury convicted appellant of dissuading a witness (Pen. Code, § 136.1) and found true a street terrorism enhancement.…

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Name: People v. Shabazz
Case #: S131048
Court: CA Supreme Court
District CalSup
Opinion Date: 03/27/2006
  • Categories: Enhancements, Prop 21 - Gang Violence, Sentencing

A prisoner sentenced to life imprisonment for first degree murder was also subject to a sentence enhancement of 25 years to life, and the special circumstance set forth in Penal Code section 190.2, subdivision (a)(22), applies where a defendant discharges…

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Name: People v. Ringo
Case #: B177196
Court: CA Court of Appeal
District 2 DCA
Division: 5
Opinion Date: 12/07/2005
  • Categories: Enhancements, Priors, Prop 21 - Gang Violence, Sentencing

A defendant's pre-Proposition 21 conviction for making a criminal threat qualifies as a serious felony under Penal Code section 667. Before the adoption of Proposition 21, a criminal threat as defined by Penal Code section 422 was not a serious…

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Name: People v. Florez
Case #: A105204
Court: CA Court of Appeal
District 1 DCA
Division: 3
Opinion Date: 08/30/2005
  • Categories: Credits, Prop 21 - Gang Violence, Sentencing

A defendant convicted of shooting at an inhabited dwelling under Penal Code section 246, committed for the benefit of a street gang within the meaning of Penal Code section 186.22, subdivision (b)(4), is subject to the fifteen-percent custody credits limitation…

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Name: People v. Banuelos
Case #: B172385
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 06/22/2005
Subsequent History: rehng. den. 7/18/05
  • Categories: Enhancements, Prop 21 - Gang Violence, Sentencing, Three Strike Priors

Appellant was convicted of making a criminal threat and resisting a peace officer, and was sentenced to state prison after the trial court found in a bifurcated proceeding that he had been convicted of a prior serious felony within the…

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Name: People v. Thomas
Case #: S118052
Court: CA Supreme Court
District CalSup
Opinion Date: 04/18/2005
Subsequent History: Rhrg. den. 6/8/05
  • Categories: Delinquency (602), Disposition Phase, Prop 21 - Gang Violence, Sentencing

Appellant was 15 years old when he committed an armed robbery. He was tried as an adult pursuant to Welfare and Institutions Code section 707, subdivision (d)(2). Appellant entered into a negotiated plea agreement, under the terms of which he…

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Name: In re Jorge G.
Case #: F043272
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 04/13/2004
Subsequent History: Rev. den. 6/23/04
  • Categories: Areas Constitutional Law, Freedom of Association, Prop 21 - Gang Violence, Right Against Self-incrim, Right to Privacy, Sentencing, Separation of Powers

The minor was ordered to register as a gang member, pursuant to Penal Code section 186.30, subdivision (b)(3), [added by the Street Terrorism Enforcement and Prevention (STEP) Act, enacted by Proposition 21], as a condition of probation, after he admitted…

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Name: People v. Superior Court (Andrades)
Case #: H025569
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 11/25/2003
Subsequent History: None
  • Categories: Prop 21 - Gang Violence, Sentencing, Three Strike Priors

A prior juvenile adjudication of robbery does constitute a strike in cases where the current offense was committed after the passage of Proposition 21. A prior juvenile adjudication may constitutionally be used as a strike even thought there is no…

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