Margarejo

People v. Margarejo

Good Law
162 Cal. App. 4th 102·2008 Cal. App. LEXIS 587·75 Cal. Rptr. 3d 465
Court of Appeal of CaliforniaApril 22, 2008B196889California2,459 words

Opinion

Opinion

Wiley, J.

This case is a substantial evidence review about gang enhancements. Luis Margarejo led police on a long car chase. During the chase, Margarejo—a member of the Highland Park gang—continually made the Highland Park gang sign to pedestrians he passed. Margarejo even made this sign to the police. Police spied Margarejo’s gun when he decided to sprint from his car. They followed him to an apartment, where they found the gun. A jury convicted Margarejo of four crimes: evading police officers; felon in possession of a gun; concealed gun in a car; and misdemeanor obstruction of government administration. On the first three crimes, the jury found a gang allegation to be true.

On appeal, Margarejo makes three arguments. All concern the gang enhancements. His first argument is that the jury had no good basis for finding that Margarejo’s Highland Park gang was a “criminal street gang.” His second argument is that no evidence showed his evasion of police was related to his gang. His third argument is that no evidence showed his gun possession was gang related.

We affirm.

I

The police knew Margarejo from 2004. LAPD (Los Angeles Police Department) Officer Julio Duarte arrested…

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