PEOPLE v. JOHNSON

No. S202790.

57 Cal.4th 250 (2013)

159 Cal. Rptr. 3d 70

57 Cal. 4th 250

THE PEOPLE, Plaintiff and Respondent, v. COREY RAY JOHNSON, Defendant and Appellant. THE PEOPLE, Plaintiff and Respondent, v. JOSEPH KEVIN DIXON, Defendant and Appellant. THE PEOPLE, Plaintiff and Respondent, v. DAVID LEE, JR., Defendant and Appellant.

Supreme Court of California.

July 18, 2013.


Attorney(s) appearing for the Case

Susan D. Shors, under appointment by the Supreme Court, for Defendant and Appellant Corey Ray Johnson.

Joseph Shipp, under appointment by the Supreme Court, for Defendant and Appellant Joseph Kevin Dixon.

Sharon G. Wrubel, under appointment by the Supreme Court, for Defendant and Appellant David Lee, Jr.

Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Susan Lee, Acting Solicitor General, Donald E. de Nicola, Deputy State Solicitor General, Michael P. Farrell, Assistant Attorney General, Brian G. Smiley and Laura Wetzel Simpton, Deputy Attorneys General, for Plaintiff and Respondent.


OPINION

CORRIGAN, J.

We granted review to decide whether one may conspire to actively participate in a criminal street gang.1 One can. When an active gang participant possessing the required knowledge and intent agrees with fellow gang members to commit a felony, he has also agreed to commit the gang participation offense. That agreement constitutes conspiracy to commit the offense of active gang participation...

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