California Court of Appeal
People v. Smith, D060317A
In this reissued opinion, defendant's sentence on count 3 for active participation in a criminal street gang must be stayed in light of People v. Mesa, which held that Penal Code section 654 does not permit separate punishment for the crime of active participation in a criminal street gang when the only evidence of such participation was the current charged offenses.
Appellate Information
- Decided 04/15/2013
- Published 04/15/2013
Judges
- BENKE
Court
- California Court of Appeal