California Court of Appeal

In an appeal from the conviction and enhanced sentencing of the defendant to an eight-year prison term for drug and gang-related offenses, conviction and sentencing are upheld where: 1) the evidence was sufficient to support a finding that defendant was an active gang participant when he was arrested; 2) felonious criminal conduct under Penal Code section 186.22(a) need not be gang related; 3) an active gang participant may be liable under section 186.22(a) for acting alone; 4) substantial evidence supported findings for purposes of section 186.22(b)(1) that defendant's unlawful possession of a gun was gang related and that he possessed the gun with the specific intent to promote, further, or assist in criminal conduct by gang members; and 5) the trial court did not err by denying defendant's motion for a new trial.

Appellate Information

• Decided 09/15/2011
• Published 09/15/2011

Judges

• FYBEL

Court

• California Court of Appeal

Counsel