Green

Paul Green pled guilty to the possession of cocaine for sale (Health & Saf. Code, § 11351), theft of a vehicle (Veh. Code, § 10851), assault with a firearm (Pen. Code, § 245, subd. (a)(2)) and participation in a criminal street gang (Pen. Code, § 186.22, subd. (a)). He was sentenced to two years in state prison (a two-year term was imposed for conviction of the cocaine charge and a concurrent two-year term was imposed for each of the remaining charges).

On appeal, Green attacks only his conviction of the charge of participation in a criminal street gang, claiming the statute is unconstitutionally vague and overbroad.

Discussion

Penal Code section 186.22, subdivision (a), of which Green was convicted, provides:

Green argues first that specific provisions of Penal Code section 186.22 are so vague as to fail to provide notice of the conduct it intends to proscribe, permitting arbitrary enforcement. Second, he argues that the vagueness of the statute’s provisions permit it to be construed to cover protected conduct, i.e., that its uncertainty renders it unconstitutionally overbroad. We conclude that the statute’s terms are adequately defined, both by the statute itself…