California Court of Appeal

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In re Cabrera, F059511A

On remand from the California Supreme Court, defendant's petition for habeas corpus challenging his gang validation, is granted, where: 1) in applying the deferential "some evidence" standard of judicial review, two of the photocopied drawings found in defendant's possession, containing part of the names of gang affiliates as the artists, do not support a finding that defendant had an "association" (i.e., a loose relationship) with a gang-affiliate artist that constituted a "direct link" (i.e., a connection without interruption) as required by Penal Code section 3378, subdivision (c)(4); and therefore, 2) defendant is entitled to the issuance of a writ of habeas corpus on that ground.

Appellate Information

  • Decided 06/11/2013
  • Published 06/11/2013

Judges

  • FRANSON

Court

  • California Court of Appeal

Counsel

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