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 […]
Tags: CC 1400, CC 1401, CC 332, Gangs, Limiting Instructions
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 […]
Tags: CC 1400, CC 1401, Gangs
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
Tags: CC 1300, CC 1400, CC 1401, CC 1863, CC 207, CC 2542, CC 334, CC 335, CC 361, CC 736, CC Revisions
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 […]
Tags: CC 1400, CC 1401, Gangs