People v. Maddox CA2/1

BACKGROUND

Defendants’ Gang Membership At all times relevant to this appeal, Maddox and Smith were members of the Hoover criminal street gang. They belonged to the 7-4 Hoover set. Maddox was a leader of the gang, having been a member for 15 to 20 years. Smith was a “soldier” in the gang. According to the prosecution’s gang expert, Los Angeles Police Department (LAPD) Officer Nicholas Hartman, a “soldier” in a gang is “someone who goes out and commits these crimes and rallies the troops to commit the crimes with him.” At trial, Officer Hartman opined Maddox and Smith committed the charged offenses for the benefit of and in association with the Hoover criminal street gang. The jury agreed, finding the gang enhancement allegation to be true as to each charged offense. Neither defendant challenges the gang enhancement findings on appeal. Investigation Evidence presented at trial indicated defendants came to the attention of law enforcement during an investigation of a March 1, 2004 armored car robbery and homicide, not related to the offenses charged in this case. A joint task force formed between the robbery/homicide division of the LAPD and the Federal Bureau of Alcohol, Tobacco,…