Salcido

People v. Salcido

Bad Law
149 Cal. App. 4th 356·2007 Cal. App. LEXIS 497·2007 Daily Journal DAR 4495·56 Cal. Rptr. 3d 912·2007 Cal. Daily Op. Serv. 3559
Court of Appeal of CaliforniaApril 4, 2007F050116California5,725 words

Opinion

Opinion

Wiseman, J.

Appellant John Joseph Salcido was convicted by a jury of multiple crimes,- which include two . charges that he actively participated in a criminal street gang in violation of Penal Code section 186.22, subdivision (a). Salcido only challenges these two convictions, alleging the. jury was instructed improperly based on the trial judge’s modifications to Judicial Council of California Criminal Jury Instructions (2006) CALCRJM No. 1400. We reject his contentions and conclude that the modified instruction accurately states the law. In the unpublished portion of this opinion, we conclude that sufficient evidence supports his convictions of these two charges.

PROCEDURAL HISTORY

A jury convicted Salcido of (1) possession of a dirk or dagger on April 3, 2005 (Pen. Code, § 12020, subd. (a)(4) (count 1)); (2) possession of a billy club on April 3, 2005 (§ 12020, subd. (a)(1) (count 2)); (3) two counts of active participation in a criminal street gang, one on April 3, 2005, and the other on September 10, 2005 (§ 186.22, subd. (a) (counts 3 & 10)); (4) providing a false identity to a peace officer (§ 148.9, subd. (a) (count 4)); (5) possession of a stolen vehicle on September 10,…

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