CC 1400 and 1401 Cases Interpreting Gang Instruction
August 10th, 2014


People v. Salcido (2007) 149 Cal. App. 4th 356, 369, noted a flaw in CC 1400, which prompted a modification of the instruction by the CC Committee. People v. Martinez (2008) 158 Cal. App. 4th 1324, approved the unmodified version of CC 1400.


People v. Williams (2009) 170 Cal. App. 4th 587, rejected the defense argument that instructing the jury with CC 1401 incorrectly stated the law because the gang enhancement requires a specific intent to promote the charged offense to which the enhancement is attached, and the trial court’s instruction permitted the jury to base the gang enhancement on speculative, uncharged criminal conduct.

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