Prop 21 - Gang Violence Archives

Categories: Grand Jury, Jurisdiction & Venue, Jurisdiction Over Person, Minor Found Unfit, Motion Attacking, Pleadings, Prop 21 - Gang Violence, Sentencing

Summary

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

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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Name: People v. Louie

Case #: C062821

Opinion Date: 02/07/2012

Categories: Double Punishment (PC 654), Limitations on, Prop 21 - Gang Violence, Sentencing

Summary

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

Opinion Date: 03/27/2006

Categories: Enhancements, Prop 21 - Gang Violence, Sentencing

Summary

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

Opinion Date: 12/07/2005

Categories: Enhancements, Priors, Prop 21 - Gang Violence, Sentencing

Summary

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

Opinion Date: 08/30/2005

Categories: Credits, Prop 21 - Gang Violence, Sentencing

Summary

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

Opinion Date: 06/22/2005

Categories: Enhancements, Prop 21 - Gang Violence, Sentencing, Three Strike Priors

Summary

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

Opinion Date: 04/18/2005

Categories: Delinquency (602), Disposition Phase, Prop 21 - Gang Violence, Sentencing

Summary

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

Opinion Date: 04/13/2004

Categories: Areas Constitutional Law, Freedom of Association, Prop 21 - Gang Violence, Right Against Self-incrim, Right to Privacy, Sentencing, Separation of Powers

Summary

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

Opinion Date: 11/25/2003

Categories: Prop 21 - Gang Violence, Sentencing, Three Strike Priors

Summary

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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