GST Interview Flashcards
(22 cards)
186.22(a)
Active gang member with knowledge the gang commits crimes and willfully promotes, furthers or assists felonious conduct by members (can be standalone charge)
186.22(d)
Any misdemeanor committed for the BENEFIT of, at the DIRECTION of, or in ASSOCIATION with a street gang becomes a strikeable felony (i.e. 417, 242, 415)
186.22(b)(1)
Felony committed for BENEFIT of, at DIRECTION of, or in ASSOCIATION with a street gang (Enhancement) - most felonies add 2-4 additional years + strike
ASSOCIATION, BENEFIT, DIRECTION
Association - committing a crime together (10851, 459)
Benefit - Gang motivated (245, 417)
Direction - Jumping in gang members
People v. Sanchez
Sanchez convicted of several firearms and gang related charges. Sanchez appealed stating trial court erred in admitting case-specific statements related by the prosecution expert concerning his gang membership. Specifically, he argued that admission of this evidence violated the federal confrontation clause because the declarants were unavailable to be cross-examined. Supreme court reversed jury findings on gang-enhancements because inadmissable hearsay. Expert CANNOT SPEAK ON CASE-SPECIFIC FACTS
People v. Prunty
After jury trial, defendant charged with attempt murder and assault with firearm. Prosecution stated these offenses committed for benefit of criminal street gang and subject to enhancement. Ultimately, Supreme Court reversed judgement on sentence as no evidence that “organizational or associational connection uniting group members”. Existence of gang subsets. Questions 186.22(f).
Hypothetical Situation
Alleged gang member is seen with 3 other gang members around 2 stolen cars. This person and another gang member from group get into one of the stolen cars. Our subject is driving the stolen car and other has a loaded gun in his pocket.
Were crimes committed with specific intent to promote, further or assist in criminal conduct by gang members?
Yes.
ASSOCIATION - committing crime (496d/10851) with other reputed gang members
LOADED GUN - association and benefit - to uphold reputation (promote) , intimidation, commission of other crimes?
Association of vehicle with other crimes? Further (gain money, etc)
186.22(f)
As used in this chapter, “criminal street gang” means any ongoing organization, association, or group of three or more persons, whether formal or informal, having as one of its primary activities the commission of one or more of the criminal acts enumerated in paragraphs (1) to (25), inclusive, or (31) to (33), inclusive, of subdivision (e), having a common name or common identifying sign or symbol, and whose members individually or collectively engage in, or have engaged in, a pattern of criminal gang activity.
186.22(e)
As used in this chapter, “pattern of criminal gang activity” means the commission of, attempted commission of, conspiracy to commit, or solicitation of, sustained juvenile petition for, or conviction of two or more of the following offenses, provided at least one of these offenses occurred after the effective date of this chapter and the last of those offenses occurred within three years after a prior offense, and the offenses were committed on separate occasions, or by two or more persons: (burg, murder, arson, adw, dope sales, firearms viol etc)
VMV
Varrio Mountain View - Norteno gang
“VMV”, “14”, “N”. Color red.
Necklaces/Belt buckles with red.
“Most Vicious”, “650”, “868”
VMV
Started around 1980s
Varrio Mountain View - Norteno gang
“VMV”, “14”, “N”. Color red.
Necklaces/Belt buckles with red.
“Most Vicious”, “650”, “868”
Hangout - San Veron, 570 N. Slb, Burgoyne/Hackett/Montecito, Whisman Park, Eagles
Norteno
Fly red colors
Associated with prison gang “Nuestra Familia” AKA “ENE” aka “Northern Raza” aka “Northern Structure”
Identify with “14” (for N), XIV or X4. Four dots tattoo in a row or square.
“Huelga bird” or sombrero - Labor movement
MVS
Mountain View Surenos
Started around 1989
Associated with Mexican Mafia “La Eme” Prison Gang
“13”, “XIII’, X3 for “M”
Color blue
Hangouts - Reng Park, 7-11 Latham, Klein Park, McDonalds El Monte
VMV Members
Chase Luna Nick Ortiz Julio Aguilar Jesus Gomez Anthony Garcia David Eastwood Christian Muir Tyson Garcia Luis Ibarra Tim Segovia Jose Rodriguez
MVS Members
Edwin Galvez Rigoberto Lopez Jovani Vasquez Royer Dzib Fernando Vargas
STEP ACT
Street Terrorism Enforcement and Prevention Act (1988)
created 186.22
In Re: Frank S. Case Law
An illustrative case is In re Frank S. (2006) 141 Cal.App.4th 1192, where the
defendant was arrested for being in possession of a concealed knife. He told the officer that
he had been attacked two days earlier and needed the knife for protection against “the Southerners” because they believed he supported northern street gangs, among whom he had
several friends. At trial, an expert witness testified that it was her belief that the defendant
possessed the knife to protect himself. She said that gang members use knives for protection
from rival gang members and to assault rival gang members. She stated further that
possession of the knife benefitted defendant’s gang by providing them with protection
should they be assaulted. (Id., at pp. 1195-1196.)
The Fifth District Court of Appeal held that this testimony was insufficient to support
the gang enhancement. The defendant’s criminal history and gang affiliations cannot solely
support a finding that a crime is gang related. The Court stated that “[w]hile evidence
established the minor has an affiliation with the Nortenos, membership alone does not prove
a specific intent to use the knife to promote, further, or assist in criminal conduct by gang members
People v. Vega-Robles
Selling dope, ran away, gang ties. Confrontation clause and case specific statements. Harmless beyond reasonable doubt due to other plethora of gang tie info
People v. Fuentes
10851 and 496. Enhancement charged but trial court dismissed it per 186.22g. Sent back down bc trial court gave no reason, but it was deemed ok beause they gave reason orally on record
People v. Rodriguez
Rodriguez 664-211 a guy and beats him. He acted alone. Initially charged with 186.22(b)(1) but ultimately dropped because cant prove he acted in furtherance of gang.
Nearby gangs
Sunnyvale
Vvs, sst
San jose
Vct, vtg
People v
Killbrew
Killebrew charged with conspiracy in weapons viol, argued he had specific intent by gang expert. Inadmissible.
