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RODRIGUEZ v. STATE

No. S08A1928.

671 S.E.2d 497 (2009)

RODRIGUEZ, et al. v. The STATE.

Supreme Court of Georgia.

January 12, 2009.

Attorney(s) appearing for the Case

LeeAnne Anthony, Andrew Raymond Lynch, Corinne M. Mull, Daryl Warren Queen, for appellants.

Gwendolyn Keyes Fleming, Dist. Atty., Barbara B. Conroy, Michael S. Carlson, Asst. Dist. Attys., Thurbert E. Baker, Atty. Gen., Bondurant, Mixson & Elmore, John E. Floyd, Atlanta, for appellee.

Oxendine & Associates, Lee Wall Oxendine Shafer, Donald E. Henderson, Decatur, amici curiae.

CARLEY, Justice.

Gilberto Rodriguez and Efrain Rodriguez (Appellants) and several others were jointly indicted for multiple counts, including alleged violations of the Georgia Street Gang Terrorism and Prevention Act (Act), OCGA § 16-15-1 et seq. The indictment charged that both Appellants "did participate in criminal street gang activity by committing a crime of violence, to wit: aggravated assault while associated with a criminal street gang. . . ." A separate...

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