X hits on this document

Word document

CERTIFIED FOR PARTIAL PUBLICATION* - page 5 / 19

59 views

0 shares

0 downloads

0 comments

5 / 19

committed for the benefit of, at the direction of, or in association with, a criminal street gang.  (§ 186.22, subd. (b)(1).)  To prevail on a criminal street gang enhancement allegation, the People must show the defendant acted with the specific intent to promote, further, or assist in any criminal conduct by gang members and that the gang engaged in a pattern of criminal activity, which may be demonstrated by proof of two or more convictions of 25 possible predicate offenses enumerated in section 186.22, subdivision (c).  These predicate offenses range in seriousness from unlawful homicide to driving a vehicle without the owner’s consent.

The term of the enhancement imposed under section 186.22, subdivision (b) is two, three or four years.  (§ 186.22, subd. (b)(1)(A).)  However, if the underlying offense is a serious felony as defined in section 1192.7, the term of the enhancement is five years and, where the underlying offenses is a violent felony as defined in section 667.5, such as robbery, the term is 10 years.  (§ 186.22, subd. (b)(1)(B), (C).)

    b.  Appellants’ claim of error.

In denying the appellants’ pre-trial motion to bifurcate the criminal street gang enhancement from the underlying offenses, the trial court indicated evidence of gang membership necessarily would be admitted at trial because Hernandez mentioned Hawthorne Little Watts at the time of the offense and the additional prejudice that might flow from a joint trial was not sufficient to warrant bifurcation of the enhancement.

On appeal, Fuentes and Hernandez contend the trial court’s refusal to bifurcate was error.  Fuentes notes the robbery of Rodriguez was not gang related in that neither Rodriguez nor Stepanyan belonged to a gang.  (Cf. People v. Martin (1994) 23 Cal.App.4th 76, 81.)  Thus, the only gang evidence that would have been admitted, had the enhancement been bifurcated, would have been Hernandez’s reference to Hawthorne Little Watts at the time of the robbery.  Fuentes asserts bifurcation would have prevented Detective Goetz from testifying about Fuentes’s gang tattoos and gang membership and that gang members, in general, are criminals who commit crimes to “buy dope, and to purchase weapons to commit more crimes or defend their territory.”  Hernandez argues

Document info
Document views59
Page views59
Page last viewedThu Dec 08 06:56:05 UTC 2016
Pages19
Paragraphs129
Words6033

Comments