California Court of Appeal

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People v. Ewing, 072783

Conviction of shooting at an occupied vehicle for the benefit of, at the direction of, or in association with a criminal street gang, in violation of Penal Code section 186.22(b)(4), is affirmed where: 1) sufficient evidence establishes the existence of a criminal street gang under People v. Prunty (2015) 62 Cal.4th 59, and that defendant and his cohorts were members of the same gang under People v. Velasco (2015) 235 Cal.App.4th 66, 78; and 2) substantial evidence shows defendant committed the charged offenses for the benefit of the Norteno criminal street gang, and that even if the gang expert improperly testified regarding defendant specifically, rather than hypothetically, any error was harmless on this record.

Appellate Information

  • Decided
  • Published 2016/01/27


  • HULL


  • California Court of Appeal


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