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PEOPLE v. ZERMENO

No. S068840.

89 Cal.Rptr.2d 863 (1999)

21 Cal.4th 927

986 P.2d 196

The PEOPLE, Plaintiff and Respondent, v. Javier Francisco ZERMENO, Defendant and Appellant.

Supreme Court of California.

November 4, 1999.

Attorney(s) appearing for the Case

Marcia C. Levine, under appointment by the Supreme Court, Truckee, for Defendant and Appellant.

Daniel E. Lungren and Bill Lockyer, Attorneys General, George Williamson, Chief Assistant Attorney General, Carol Wendelin Pollack, Assistant Attorney General, Brad D. Levenson, Sanjay T. Kumar, Robert F. Katz and Peggie Bradford, Deputy Attorneys General, for Plaintiff and Respondent.

KENNARD, J.

When a defendant commits an aggravated assault and a fellow gang member aids and abets that assault by preventing anyone from stepping in, does their conduct amount to "two or more offenses" committed "on separate occasions, or by two or more persons" so as to establish a "pattern of criminal gang activity" under Penal Code section 186.22,1 thus subjecting the defendant to increased punishment? Unlike the Court of Appeal, we...

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