California Court of Appeal

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People v. Johnson, F057736

In a prosecution that included a count for conspiracy to violate any or all of the offenses of assault with a firearm, murder, robbery, and active participation in a criminal street gang, verdicts finding each defendant guilty of conspiracy to actively participate in a criminal street gang in violation of Penal Code section 186.22(a) are reversed, and the jury's findings on the overt acts alleged in support of the conspiracy to actively participate in a criminal street gang are vacated, as a defendant cannot properly be charged with conspiracy to actively participate in a criminal street gang, since a criminal street gang is, at its core, a form of conspiracy, and the People cannot charge a conspiracy to actively participate in a conspiracy.

Appellate Information

  • Decided 04/26/2012
  • Published 04/26/2012

Judges

  • Detjen

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Susan D. Shors, Brian G. Smiley