CHILDREN AND THE LAW
...Delinquency Matters
......Disposition
.........Gang Membership; Disposition
28 Cards On This Topic:

Street Terrorism Enforcement and Prevention Act.

One may conspire to actively participate in a criminal street gang.

Stealing liquor to drink with friends is not sufficient to support conclusion act was specifically intended to promote, further or assist criminal conduct by gang members; E's opinion testimony not substantial evidence.

Sufficient evidence supported gang participation conviction where promote/further/assist element satisfied by evidence D was the ••perpetrator•• of a felony.

Reasonable jury could infer that D specifically intended for V's murder to promote his gang's criminal activities by intimidating neighborhood residents, and retaliating against another gang for claiming his gang's territory.

To establish PC 186.22 elements, DA must prove charged gang member willfully promoted, furthered, or assisted gang members in ••felonious•• criminal conduct ••distinct from•• his otherwise misdemeanor conduct.

PC 186.22(d) applies to juveniles as well as adults, based on full analysis of PC 186.22, the purpose of Proposition 21, and the other statutes added or amended by Proposition 21.

Evidence of "primary activities" of M's gang did not meet substantial evidence standard where E just "knew" gang involved in crimes but no foundation laid for testimony.

In gang-related murder, independent evidence, including cell phone records establishing conspirators in continual contact on night of murder, corroborated accomplice testimony by establishing motive and opportunity.

While evidence showed M had an affiliation with the Norteños, membership alone did not prove specific intent to use knife he was carrying to promote, further, or assist in criminal conduct by gang members.

PC 186.22(b)(1)'s specific intent "to promote, further, or assist in any criminal conduct by gang members," does not require intent to further criminal conduct beyond the charged crime.

Court declines to follow 9th Cir. where, by its plain language, PC 186.22(b) requires showing of specific intent to promote, further, or assist in ••any•• criminal conduct by gang members, rather than ••other•• criminal conduct."

"Pattern of criminal gang activity" can be established by evidence of offense with which D charged and proof of another offense committed on same occasion by fellow gang member.

DA proved requisite pattern of criminal gang activity required under STEP Act; predicate offenses need not be gang related.

PC 245 (a)(2) assault with a firearm is a predicate offense under PC 186.22 (e)(1) for purposes of proving a pattern of criminal gang activity.

O's gang evidence adequately established at least one predicate offense by gang member; second predicate offense was established either by another gang member's commission of assault or murder.

Stmts M made to mislead police, although extrajudicial, were themselves part of conduct of the crime, not subject to corpus delicti rule, and could be used to establish corpus delicti of his crime of accessory.

Insufficient evidence supported juvenile court’s finding that minor's crimes were gang-related; STEP registration provisions constitutional.

PC 654 did not bar punishment for gang crime and robbery where objectives, though pursued at same time, were independent; substantial evidence showed M was an active participant in criminal street gang.

Finding on gang allegation stricken where evidence failed to establish that gang's primary activities were the commission of PC 186.22 enumerated crimes.

DA has no duty to prove that the two or more persons perpetrating the predicate offenses of PC 186.22 were gang members when the enumerated crimes were committed.

Either prior conduct or acts committed at time of charged offenses can be used to establish "primary activities" element of gang enhancement offense.

Provision that criminal street gang have as one of primary activities the commission of enumerated crimes requires proof of such crimes by evidence other than current crimes.

Sufficient evidence supported M’s adjudication for assault on peace officer for benefit of, at direction of, or in association with criminal street gang.

Ample evidence supported findings that D’s crimes committed for benefit of criminal street gang and to support gang enhancement.

26 yrs to life murder sentence not cruel and unusual punishment for 14-yr-old street gang member statutorily ineligible for CYA and boasting impressive criminal record.

Statute enhancing sentence for ’criminal street gang’ membership constitutional on face and not overbroad.

Gang membership and disposition issues.