Resendez

People v. Resendez

Good Law
13 Cal. App. 5th 181·2017 Cal. App. LEXIS 597·220 Cal. Rptr. 3d 118·2017 WL 2822797
Court of Appeal of CaliforniaJune 30, 2017B269608California4,360 words

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.…

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