Galvez

The Legislature has the exclusive power to define crime and prescribe punishment. It has recently focused on criminal street gangs, dramatically increasing punishment for certain felonies committed for the benefit of, at the direction of, or in association with, the gang. For example, ordinary attempted witness dissuasion is a “wobbler,” i.e., punishment by up to one year in county jail as a misdemeanor or in state prison for 16 months, two years, or three years. (Pen. Code, §§ 136.1, subd. (b), 18.) 1 When committed in the criminal street gang context, the punishment is increased to a potential life term. (§ 186.22, subds. (b)(4)(C), (e)(8).) This case shows that the law takes a dim view of gang members who interfere with the reporting of a crime in progress. Such interference strikes at the very heart of preserving public safety. It is a responsible act of citizenship to report street gang crimes. A gang member who seeks to harm the reporting individual deserves, and here receives, the full measure of the law.

Edward Michael Galvez, Jr., also known as “Monster,” appeals from the judgment entered after his conviction by a jury of second degree robbery (count 1—§§ 211,…