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Forum Index > California gang law update

Portia Glassman 10 months ago
ActivityRank: 16

PC 186.22(b) is an enhancement for crimes done for a gang. There are two Ninth Circuit cases (Briceno, 555 F3d 1069; Garcia, 395 F3d 1099) which say that because PC 186.22(b) requires not only that the individual is determined to be a gang member, but also that the crime be committed with the specific intent to promote the "gang", and it is insufficient to show mere membership in the gang coupled with an expert's generic testimony that all gang members commit crimes with the specific intent to promote the gang. Cal. state court cases reject this position, and this C/A also rejects this position. People v. Vasquez; 2009 DJ DAR 14778; DJ, 10/14/09; C/A 2nd, Div. 6

Portia Glassman 9 months ago
ActivityRank: 16

MERE CONCLUSIONS BY THE POLICE GANG EXPERT ARE NOT ENOUGH FOR THE GANG ENHANCEMENT It's amazing how everything gang members do is for the gang. Or at least the police gang "expert" will so testify. This is the latest in a series of cases where appellate courts aren't accepting mere claims that the crime was done for the gang. This was a carjacking. Oh sure, the police expert testified that it was for the gang. But apart from that conclusory claim, there wasn't any evidence: there was no display of gang signs or anything else. Sure, the carjacking could benefit the gang, but there was no evidence that it actually did so. The C/A says, "The gang enhancement cannot be sustained solely on defendant's status as a member of the gang and his subsequent commission of crimes." People v. Ochoa; 2009 DJ DAR 16454; DJ, 11/24/09; C/A 4th, Div. 2 PENAL CODE SECTION 654 AND GANG ENHANCEMENTS The def. was convicted of robbery, with a gang enhancement, and the substantive crime of being a member of a gang. He got concurrent time for the membership count. But PC 654 bars multiple sentences for a single act. This C/A rules that being a member of a gang isn't a crime; the crime is actively participating in a street gang by assisting in the commission of felonious conduct by the gang, meaning that there has to be a crime. So PC 654 is violated by punishment for both gang membership and a gang enhancement. People v. Sanchez; 2009 DJ DAR 16464; DJ, 11/24/09; C/A 4th, Div. 2

Portia Glassman 9 months ago
ActivityRank: 16

NOT GANG STUFF BUT VERY NOTABLE The ofr. saw the def. driving a car with no license plates. He stopped the car and determined that the def. was DUI, leading to a search and finding a firearm and meth. The ofr. was asked if he saw a temporary permit in the rear window; the ofr. did NOT say that there was no permit; he said he didn't remember. Here's the incredible fact: the AG CONCEDED! We win, right? Wrong. The C/A says that the ofr. saw that the car didn't have plates. They say that there was no evidence that the ofr. SAW a temporary permit, and they reject the contention that the ofr. had to make a reasonable effort to determine whether there was a permit. This is just wrong. Remember Butler (202 CA3d 602), the case saying the police can't stop a car to determine whether tinted windows in the car are illegally tinted; they have to have PC to think that the windows were illegally tinted in order to make the stop. The C/A says that there was no evidence that the def. was displaying a permit, or that the ofr. saw it, so the suspicion raised by the absence of plates was not dispelled. This is totally wrong, totally contrary to Hernandez (45 C4th 294) and Butler, wrongly places the burden on the defense, and misses the point: the police need PC in order to stop in the first place! People v. Dotson; 2009 DJ DAR 16738; DJ, 12/1/09; C/A 3rd

Portia Glassman 8 months ago
ActivityRank: 16

Gangs: Registrants Loitering On or Near School Grounds Enacted by: SB 492; Stats. 2009 Ch. 592 Statute amended: Pen. C. § 653b [It was already] a misdemeanor … to loiter after being asked to leave … about any school or public place at or near which children attend or normally congregate. [There were already] enhanced misdemeanor penalties … if the person is required to register as a sex offender. This bill … provide[s] enhanced penalties … if the person is required to register [under Pen. C. § 186.30] … for committing any of specified criminal street gang offenses.

doc_harley81 8 months ago
ActivityRank:

I live in a moderate farming community in which there are two cities and counties divided by a river. So years ago they formed a group task force made up of LEO's from each of the two cities and counties to fight gangs and drug use in this area. At first there were many arrests made and it was publically known they were out there making progress [they stated]. But in the last few years there has been no information out of their office as to the continuing progress of this task force. Being a small community word gets around and found that the task force was eventually using corrupt LEO's who were confiscating drugs and money and not reporting it. The task force is still oprerating but getting payoffs to look the other way under circumstances that benefited them, such as rival gang murders which in this area is rare. But the task force sees this as a way of the community cleaning house by letting the gangs, mainly Hispanic, Asian and Blacks kill each other off thus taking the pressure off the task force who was hired by the taxpayers to do a job. There is quite a few M/C's in this area and not once has the task force ever made any busts or harrssed them....this is good. Whether they are scared to mess with the biker clubs or figure that we take care of our own, I am not sure but I do know they keep tabs on us. I had a birthday party at a local watering hole and the Fryed Brothers Band played for the occasion. In attendance was many bikers and clubs from around the area and from out of town. When LEO got word of the hundreds of bikers coming to this small town they called in reinforcements from 5 different counties as well as city and highway patrol officers. The party lasted two days....at the conclusion and on the following day after it was over the city police chief came to the bar and told the owner that he spent alot of taxpaying dollars for all the LEO's they had to have to watch over the bikers onlyy to have to admit that during the course of the two days they did not arrest, ticket or in anyway have any problems from all the bikers in attendance. Not a single one did anything to even provoke being pulled over coming or leaving. He also admitted that it was the most well organized group gathering he had ever seen in this town. It was great to see them humbled by all the hype that the town would be under seige of hundreds of bikers that never came to pass. Turned out to be the most kick ass party this town ever seen.