Resendez
People v. Resendez
Opinion
Lead Opinion
Grimes, J.
*183 SUMMARY
Defendant Michael Resendez appeals following his jury conviction of (1) assault by means of force likely to produce great bodily injury with a gang enhancement and (2) assault with a deadly weapon. The jury also found true great bodily injury and prior prison enhancements. On appeal, defendant argues that under People v. Prunty (2015) 62 Cal.4th 59 , 192 Cal.Rptr.3d 309 , 355 P.3d 480 ( Prunty ), the prosecution failed to present sufficient evidence of predicate offenses to establish the existence of a criminal street gang under the California Street Terrorism Enforcement and Prevention Act (the STEP Act, Pen. Code, § 186.20 et seq. ). 1 We disagree.
*184 Prunty holds that "when the prosecution seeks to prove the street gang enhancement by showing a defendant committed a felony to benefit a given gang, but establishes the commission of the required predicate offenses with evidence of crimes committed by members of the gang's alleged subsets, it must prove a connection between the gang and the subsets." ( Prunty, supra, 62 Cal.4th at pp. 67-68, 192 Cal.Rptr.3d 309 , 355 P.3d 480 .) In Prunty , there was no evidence of such a connection. Here, the evidence was ample.…