PEOPLE v. HERNANDEZ

No. S117651.

16 Cal.Rptr.3d 880 (2004)

94 P.3d 1080

33 Cal.4th 1040

The PEOPLE, Plaintiff and Respondent, v. Jose Pablo HERNANDEZ et al., Defendants and Appellants.

Supreme Court of California.

August 9, 2004.


Attorney(s) appearing for the Case

Susan K. Keiser, San Diego, under appointment by the Supreme Court, for Defendant and Appellant Jose Pablo Hernandez.

Jill Lansing, Los Angeles, under appointment by the Supreme Court, for Defendant and Appellant Jonathan Fuentes.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Robert F. Katz, Lauren E. Dana and Stephanie A. Miyoshi, Deputy Attorneys General, for Plaintiff and Respondent.

Steve Cooley, District Attorney (Los Angeles), Patrick Moran, Acting Head Deputy District Attorney, Brent Riggs and Phyllis C. Asayama, Deputy District Attorneys, for California District Attorneys Association as Amicus Curiae on behalf of Plaintiff and Respondent.


CHIN, J.

The punishment for certain crimes can be enhanced if the crime involves a criminal street gang. (Pen.Code, § 186.22, subd. (b)(1); see generally People v. Gardeley (1996) 14 Cal.4th 605, 59 Cal.Rptr.2d 356, 927 P.2d 713.)1 To establish this criminal street gang enhancement, the prosecution must prove some facts in addition to the...

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