Supreme Court of California

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People v. Johnson, S202790

The Court of Appeal's conclusion that conspiracy to actively participate in a criminal street gang did not qualify as a crime is reversed and remanded, where: 1) when an active gang participant possessing the required knowledge and intent agrees with fellow gang members to commit a felony, he has also agreed to commit the gang participation offense; and 2) that agreement constitutes conspiracy to commit the offense of active gang participation, and may be separately charged once a conspirator has committed an overt act.

Appellate Information

  • Decided 07/18/2013
  • Published 07/18/2013

Judges

  • CORRIGAN

Court

  • Supreme Court of California

Counsel