California Court of Appeal

Defendant's conviction and sentence for possession of a firearm by a felon, possession of a controlled substance while armed with a loaded firearm, and active participation in a criminal street gang, with a gang enhancement, is: 1) reversed in part as to the active gang participation conviction, where defendant acted alone in the matter; but 2) otherwise affirmed, where the evidence supports the jury finding defendant committed the gang-related crimes with the specific intent to benefit a criminal street gang, and the district court did not abuse its discretion in admitting statements allegedly made by defendant during encounters with the police that were contained in various reports and introduced through the gang expert.

Appellate Information

• Decided 01/21/2014
• Published 01/21/2014

Judges

• MOORE

Court

• California Court of Appeal

Counsel