California Court of Appeal

The Double Jeopardy clause prevents a two-year enhancement imposed under Penal Code section 186.22 (carrying a loaded firearm with the specific intent to promote criminal conduct by gang members) on a conviction for carrying a loaded firearm while being an active member of a criminal street gang under Penal Code, 12031, subd. (a)(2)(C)).

Appellate Information

• Decided 01/29/2001
• Published 01/29/2001

Judges

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Rita L. Swenor, under appointment by the Court of Appeal, San Francisco, for Defendant and Appellant., Bill Lockyer, Attorney General, David P. Druliner, Chief Assistant Attorney General, Robert R. Anderson, Assistant Attorney General, W. Scott Thorpe and Garrick W. Chock, Deputy Attorneys General, for Plaintiff and Respondent.