California Court of Appeal

In this case, defendant was convicted and sentenced for attempted first degree robbery, assault with a firearm, possession of a firearm by a felon, and street terrorism (Penal Code section 186.22). The judgment is reversed as to defendant's conviction of street terrorism, vacated as to the sentence on that count, and affirmed in all other respects, where: 1) section 186.22(a) requires the defendant to promote, further, or assist in any felonious criminal conduct with a member of the defendant's criminal street gang; and 2) because there is no evidence in the record that defendant engaged in any felonious activity with another member of his gang, his conviction for street terrorism cannot stand.

Appellate Information

• Decided 03/13/2015
• Published 03/13/2015

Judges

• Huffman

Court

• California Court of Appeal

Counsel