Supreme Court of California

For purposes of elevating the misdemeanor offense of carrying a loaded firearm in public to a felony via its commission by "an active participant in a criminal street gang" as defined in Penal Code section 186.22, in order to establish the elements of section 186.22, the prosecution must prove that the charged gang member willfully promoted, furthered, or assisted members of his gang in felonious criminal conduct that is distinct from his otherwise misdemeanor conduct of carrying a loaded firearm in public or carrying a concealed weapon on his person.

Appellate Information

• Decided 10/25/2007
• Published 10/25/2007

Judges

• CHIN, J.

Court

• Supreme Court of California

Counsel

• For Appellees:
  
• Howard J. Stechel, Los Angeles, under appointment by the Supreme Court, for Defendant and Appellant., Bill Lockyer and Edmund G. Brown, Jr., Attorneys General, Robert R. Anderson and Dane R. Gillette, Chief Assistant Attorneys General, Gary W. Schons, Assistant Attorney General, James D. Dutton, Steve Oetting and Melissa Mandel, Deputy Attorneys General, for Plaintiff and Respondent.