PEOPLE v. LAMAS

No. S145231.

67 Cal.Rptr.3d 179 (2007)

169 P.3d 102

The PEOPLE, Plaintiff and Respondent, v. Robert Anthony LAMAS, Jr., Defendant and Appellant.

Supreme Court of California.

October 25, 2007.


Attorney(s) appearing for the Case

Howard J. Stechel, Los Angeles, under appointment by the Supreme Court, for Defendant and Appellant.

Bill Lockyer and Edmund G. Brown, Jr., Attorneys General, Robert R. Anderson and Dane R. Gillette, Chief Assistant Attorneys General, Gary W. Schons, Assistant Attorney General, James D. Dutton, Steve Oetting and Melissa Mandel, Deputy Attorneys General, for Plaintiff and Respondent.


CHIN, J.

Penal Code section 186.22 1 is a provision of the California Street Terrorism Enforcement Act of 1988, also known as the STEP Act. (§ 186.20 et seq.) A violation of section 12031, subdivision (a)(1), is the misdemeanor offense of carrying a loaded firearm in public. Subdivision (a)(2)(C) of section 12031 elevates the offense to a felony if committed by "an active participant in a criminal street gang, as defined in subdivision...

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