California Court of Appeal

Because a criminal street gang enhancement (Pen. Code section 186.22(b)(1)) cannot be used to transform an unenumerated offense into a "serious" felony, the prosecution failed to prove defendant suffered a "strike" prior under the Three Strikes law.

Appellate Information

• Decided 06/20/2003
• Published 06/20/2003

Judges

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Leslie Conrad, under appointment by the Court of Appeal, for Defendant and Appellant Alberto Briceno., Frederick L. McBride, for Defendant and Appellant Evaristo Landin., Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Gil P. Gonzalez and Ronald A. Jakob, Deputy Attorneys General, for Plaintiff and Respondent.