16 Cited authorities

  1. People v. Albillar

    51 Cal.4th 47 (Cal. 2010)   Cited 1,670 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"
  2. People v. Hernandez

    33 Cal.4th 1040 (Cal. 2004)   Cited 1,337 times
    Holding the prosecution may utilize expert testimony about gang culture and habits to establish the elements of a gang allegation
  3. Renee J. v. Superior Court (Orange County Social Services Agency)

    26 Cal.4th 735 (Cal. 2001)   Cited 674 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
  4. 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
  5. 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
  6. Scales v. United States

    367 U.S. 203 (1961)   Cited 393 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"
  7. People v. Herrera

    70 Cal.App.4th 1456 (Cal. Ct. App. 1999)   Cited 395 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.
  8. 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"
  9. 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).
  10. People v. Funes

    23 Cal.App.4th 1506 (Cal. Ct. App. 1994)   Cited 253 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."