California Court of Appeal

Conviction of defendant for various crimes including, carjacking, possession of a firearm by a felon and street terrorism, are affirmed where: 1) a reasonably jury could find that Highland Street was a street gang; 2) the evidence supports a determination that defendant's actions, committed without another Highland Street member present, promoted or furthered the gang's felony conduct; 3) sufficient evidence supports the gang enhancement; 4) the trial court did not abuse its discretion in excluding defendant's statement; and 5) because the jury was instructed on car theft, even assuming the trial court should also have instructed on the drug crimes, failure to do so was harmless.

Appellate Information

• Decided 12/23/2010
• Published 12/23/2010

Judges

• RYLAARSDAM

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Melissa Hill, Edmund G. Brown, Jr