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
CC 320 Should Be Limited When a Gang Associate’s Refusal to Testify Is Admitted for the Limited Purpose of Supporting Gang Expert Testimony
September 12th, 2018
CC 320, which applies to situations where a witness refuses to testify based on an invalid exercise of privilege, provides as follows: <Alternative B—Invalid Exercise of Privilege> [ <Insert name of witness> did not have the right to refuse to answer questions in this case. You may consider that refusal during your deliberations.] This instruction […]
Tags: CC 320, Gangs, Sample Instructions
Gang Special Circumstance
August 17th, 2015
People v. Carr (2010) 190 Cal. App. 4th 475, 486, held that CC 736’s “inclusion of a knowledge element in the special circumstances of killing on behalf of a gang is not legally incorrect even if the statute itself does not expressly require its inclusion because it is constitutionally required.” Carr did note, however, […]
Tags: CC 736, Gangs, Homicide, Special Circumstances
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
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. […]
Tags: CC 1400, Gangs
CC 1403 Limited Purpose Of Evidence Of Gang Activity
July 30th, 2014
In People v. Samaniego (2009) 172 Cal. App. 4th 1148, the defendant argued that it was improper to instruct the jury with CC 1403 because it allowed the jury to consider gang expert testimony as to motive and witness credibility under the optional clauses of CC 1403. The Court of Appeal disagreed stating […]
Tags: Cautionary and Limiting Instructions, CC 1403, Gangs
False Statements And Criminal Street Gangs
March 1st, 2014
People v. Fuentes (2009) 171 Cal. App. 4th 1139, held that CC 362 does not conflict with instructions on criminal street-gang participation.
Tags: CC 3425, CC 362, Consciousness of Guilt, False Statements, Gangs
Gang Special Circumstance: Predicate Offense Must Occur Before Charged Offense
February 1st, 2014
People v. Duran (2002) 97 Cal. App. 4th 1448, 1458, [predicate offense cannot be satisfied by a crime which occurred after the charged offense].
Tags: CC 736, Gangs, Homicide, Special Circumstances
