In Re Alberto R.
People v. Alberto R.
Opinion
Opinion
Huffman, J.
—On this appeal we determine the sentence enhancement defined in Penal Code section 186.22, subdivision (b), enacted as part of the Street Terrorism Enforcement and Prevention Act (the Act), is facially constitutional and constitutional as applied in this case.
Factual and Procedural Background
On February 7, 1990, at about 5 p.m., Alberto R., a member of the 38th Street Shelltown Gang (Shelltown), was a passenger, along with three other Shelltown members, in his ex-girlfriend’s car, which she was driving at his request through rival gang territory, following another car. As the cars turned the corner, driving in front of La Central Store (La Central), a regular hangout for the Logan Red Steps (Red Steps) across from Chicano Park, a person in the first car threw a bottle out the window and yelled “1920,” a known slogan for the Shelltown gang.
A member of the Red Steps, who was standing in front of La Central at that time, bent over while looking toward the first car. Alberto then fired a few shots at that person, hitting him in the leg and lower backside.
Alberto’s girlfriend immediately ducked down in the car and sped off. When she stopped for a red light, her car…