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PEOPLE v. RODRIGUEZ

No. C060227.

188 Cal.App.4th 722 (2010)

115 Cal. Rptr. 3d 779

THE PEOPLE, Plaintiff and Respondent, v. JOE RODRIGUEZ, Jr., Defendant and Appellant.

Court of Appeals of California, Third District.

Certified for Partial Publication.

Attorney(s) appearing for the Case

Grace Lidia Suarez, under appointment by the Court of Appeal, for Defendant and Appellant.

Edmund G. Brown, Jr., Attorney General, Michael P. Farrell, Assistant Attorney General, Charles A. French and Brook Bennigson, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

BLEASE, Acting P. J.—

This case tenders the question whether the substantive criminal street gang offense, Penal Code section 186.22, subdivision (a), which concerns the active participation of a person in the criminal activity of a gang, applies to an attempted robbery by a member of a criminal street gang acting alone.2

Section 186.22 is part...

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