Tag Archives: CC 1400

Limiting Instruction Does Not Cure Confrontation Error
November 30th, 2022

In People v. Pettie (2017) 16 Cal.App.5th 23 the gang enhancements were reversed under People v. Sanchez (2016) 63 Cal.4th 665 because the prosecution gang officer testified to testimonial hearsay, specifically, “numerous contacts between police officers and defendants based on police reports he did not author…, [and which] were made to document completed crimes such […]

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Gang Enhancement When Member of Gang Acts Alone in Committing Felony?
January 11th, 2022

Review was granted in People v. Renteria (Jan. 5, 2021, F076973) [nonpub. opn.], review granted 4/14/2021 (S266854) to consider whether the evidence was sufficient to support the criminal Street gang enhancements imposed under Penal Code section 186.22, subdivision (b). On 4/21/2021, the court ordered the issues to be briefed and argued in this case limited […]

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Citation Updates by CALCRIM Committee
September 9th, 2016

In its February 2016 updates the CC committee updated citations on eleven different instructions without changing the language of the instructions. The committee notes suggested that such changes “tend to be uncontroversial.” To view these change see — https://jcc.legistar.com/View.ashx?M=F&ID=4256649&GUID=4F153BB2-31D2-4B98-8257-04865BAFD5E3

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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 […]

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Gangs: CC 1400 Revised In Light Of People v. Rodriguez (2012) 55 Cal. 4th 1125
August 10th, 2014

  CC 1400 is used to explain to the jury the crime of active participation in a criminal street gang under PC 186.22(a).   CC 1400, along with the related instructions in CC 1401 and 2542, were revised in August, 2013, due to the California Supreme Court’s opinion in People v. Rodriguez (2012) 55 Cal. […]

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