Law-Guy: Daily Case Summaries

People v. Samaniego (2009) , Cal.App.4th  Second Dist., Apr. 6, 2009
Affirms aider abbettor can be guilty of greater OR lesser crime than actual shooter and CALCRIM 400 is suspect. 3 LA gangbangers and tweakers convicted of multiple murder and gang enhancements and get LWOP.  No eyewitneses to shooting and unable to say which specific Def [...]

People v. Chun (2009) , Cal.4th  Cal Supremes Mar. 30, 2009
16 yr old Def is driving around with his home boys, sitting in the back seat.  A shooting war ensues with another car and one of the other guys dies.  Def is tried as adult for special circ murder.  Jury is instructed on 2d deg [...]

People v. Ramirez (2009) , Cal.App.4th Fourth Dist., Div. Three. Mar. 30, 2009.
Def seeks to bifurcate assorted gang enhancements and substantive gang charge from drug sales charges.  Court declines and jury convicts of drug offenses and substantive crime / enchancements that drugs were sold to further gang purposes.  Evidence is based on Def tattoos and [...]

People v. Martinez (2008) , Cal.App.4th [No. G038150. Fourth Dist., Div. Three. Jan. 15, 2008
Def and buddies caught in robbery/rolling drunk.  Defendant has KK (King Kobras) tattoo on back of head and admits membership.  At trial Def claims to have been out of area last 10 years and challenges ehancements for street terrorism and gang [...]

People v. Campos (2007) , Cal.App.4th [No. B191256. Second Dist., Div. Two. Nov. 14, 2007
Def convicted of multiple murders with drive by special and various gun enhancements. Def also convicted of attempt murder on surviving victim.  Def gets multiple LWOP sentences.   The surviving victim ID’s def.  The murder weapon is found on Def and he makes [...]

People v Lamas, California Supreme Court, S14231, October 25, 2007Gang member gun charge elevated from misdemeanor to felony based on gang membership.  Supremes reverse on instructional error.  It is not enough to simply establish gang membership-the test is 3 pronged under 12031(a)(2)(C)-must be used in conjunction with felonious gang activity. Here only activity is misdemenaor [...]