16 Cited authorities

People v. Albillar
51 Cal.4th 47 (Cal. 2010) Cited 1,668 times
Holding that "if substantial evidence establishes that the defendant intended to and did commit the charged felony with known members of a gang, the jury may fairly infer that the defendant had the specific intent to promote, further, or assist criminal conduct by those gang members"
People v. Hernandez
33 Cal.4th 1040 (Cal. 2004) Cited 1,332 times
Holding the prosecution may utilize expert testimony about gang culture and habits to establish the elements of a gang allegation
Renee J. v. Superior Court (Orange County Social Services Agency)
26 Cal.4th 735 (Cal. 2001) Cited 673 times
Noting the Legislature's provision of six months of reunification services when the child is under age three at the time of removal from the physical custody of the parent
People v. Martinez
158 Cal.App.4th 1324 (Cal. Ct. App. 2008) Cited 382 times
Holding two gang members who committed a robbery did so "in association with" the gang
People v. Castenada
23 Cal.4th 743 (Cal. 2000) Cited 440 times
Finding that legislature's wording of "actively participates," as contained in Cal. Penal Code § 186.22, is not void for vagueness
Scales v. United States
367 U.S. 203 (1961) Cited 392 times
Holding that a statute criminalizing membership in an organization offends due process if it "impermissibly imputes guilt to an individual merely on the basis of his associations and sympathies, rather than because of some concrete personal involvement in criminal conduct"
People v. Herrera
70 Cal.App.4th 1456 (Cal. Ct. App. 1999) Cited 394 times
In People v. Herrera (1999) 70 Cal.App.4th 1456, the defendant personally used a firearm in a gang-related drive-by shooting and was convicted of (among other things) two counts of attempted murder and one count of street terrorism.
Porter v. Superior Court (People)
47 Cal.4th 125 (Cal. 2009) Cited 169 times
Noting rejection of "the notion that the high court's 'functional equivalent' statement [in Apprendi] requires us to treat penalty allegations as if they were actual elements of offenses for all purposes under state law"
People v. Sanchez
179 Cal.App.4th 709 (Cal. Ct. App. 2009) Cited 163 times
In People v. Sanchez (2009) 179 Cal.App.4th 1297, the defendant was convicted of robbery and gang participation (street terrorism).
People v. Funes
23 Cal.App.4th 1506 (Cal. Ct. App. 1994) Cited 252 times
In People v. Funes (1994) 23 Cal.App.4th 1506, the court concluded a jury would likely have accorded undue weight to new evidence the defendant sought to introduce "after the jury had begun deliberations and in direct response to their request."

PEOPLE v. RODRIGUEZ

16 Cited authorities

Holding that "if substantial evidence establishes that the defendant intended to and did commit the charged felony with known members of a gang, the jury may fairly infer that the defendant had the specific intent to promote, further, or assist criminal conduct by those gang members"

Holding the prosecution may utilize expert testimony about gang culture and habits to establish the elements of a gang allegation

Noting the Legislature's provision of six months of reunification services when the child is under age three at the time of removal from the physical custody of the parent

Holding two gang members who committed a robbery did so "in association with" the gang

Finding that legislature's wording of "actively participates," as contained in Cal. Penal Code § 186.22, is not void for vagueness

Holding that a statute criminalizing membership in an organization offends due process if it "impermissibly imputes guilt to an individual merely on the basis of his associations and sympathies, rather than because of some concrete personal involvement in criminal conduct"

In People v. Herrera (1999) 70 Cal.App.4th 1456, the defendant personally used a firearm in a gang-related drive-by shooting and was convicted of (among other things) two counts of attempted murder and one count of street terrorism.

Noting rejection of "the notion that the high court's 'functional equivalent' statement [in Apprendi] requires us to treat penalty allegations as if they were actual elements of offenses for all purposes under state law"

In People v. Sanchez (2009) 179 Cal.App.4th 1297, the defendant was convicted of robbery and gang participation (street terrorism).

In People v. Funes (1994) 23 Cal.App.4th 1506, the court concluded a jury would likely have accorded undue weight to new evidence the defendant sought to introduce "after the jury had begun deliberations and in direct response to their request."