PEOPLE v. SHABAZZ

No. S131048.

40 Cal.Rptr.3d 750 (2006)

38 Cal.4th 55

130 P.3d 519

The PEOPLE, Plaintiff and Respondent, v. Samuel Sharad SHABAZZ, Defendant and Appellant.

Supreme Court of California.

March 27, 2006.


Attorney(s) appearing for the Case

Christine Vento, under appointment by the Supreme Court, Los Angeles, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, William T. Harter, Donald E. De Nicola, Jaime L. Fuster, Kristofer Jorsad and Linda C. Johnson, Deputy Attorneys General, for Plaintiff and Respondent.

David R. LaBahn; Bonnie M. Dumanis, District Attorney (San Diego), Charles E. Nickel and James E. Atkins, Deputy District Attorneys, for California District Attorneys Association as Amicus Curiae on behalf of Plaintiff and Respondent.


GEORGE, C.J.

We granted review in this case to address the following two questions: (1) Does the special circumstance set forth in Penal Code section 190.2, subdivision (a)(22) (hereafter section 190.2(a)(22)),1 which authorizes imposition of a punishment of death or life imprisonment without the possibility of parole upon an active participant of a criminal street gang who "intentionally...

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