PEOPLE v. BRICENO

No. S117641.

20 Cal.Rptr.3d 418 (2004)

34 Cal.4th 451

99 P.3d 1007

The PEOPLE, Plaintiff and Respondent, v. Alberto Francisco BRICENO et al., Defendants and Appellants.

Supreme Court of California.

November 4, 2004.


Attorney(s) appearing for the Case

Leslie Conrad, under appointment by the Supreme Court, Pacific Palisades, for Defendant and Appellant Alberto Francisco Briceno.

Frederick L. McBride, under appointment by the Court of Appeal, Santa Ana, for Defendant and Appellant Evaristo Landin.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Gil P. Gonzalez and Ronald A. Jakob, Deputy Attorneys General, for Plaintiff and Respondent.

Tony Rackauckas, District Attorney (Orange) and Brian N. Gurwitz, Deputy District Attorney, as Amici Curiae on behalf of Plaintiff and Respondent.


MORENO, J.

At the March 7, 2000 Primary Election, the California electorate passed Proposition 21, the Gang Violence and Juvenile Crime Prevention Act of 1998. Proposition 21 made significant changes in the law concerning gang-related crime. In this case, we decide whether Penal Code1 section 1192.7, subdivision (c)(28) (section 1192.7(c)(28)), which adds to the list of serious felonies...

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