People v. Navarez CA1/4

Background This prosecution was the culmination of a multi-agency law enforcement operation in 2015 which focused on the Norteño criminal street gang in Tulare County. The investigation involved wiretaps of about 34 telephones and live surveillance of suspects. The initial complaint charged approximately 80 individuals with 157 gang-related crimes. The defendants were subsequently divided into six groups. Defendant was charged by information with five counts:3 conspiracy to commit murder (count 1; §§ 182, subd. (a)(1), 187); conspiracy to receive a stolen vehicle (count 2; §§ 182, subd. (a)(1), 496d); unlawful driving and taking a vehicle (count 3; Veh. Code, § 10851); participating in a criminal

Defendant’s argument regarding Assembly Bill 333 was raised for the first time by petition for rehearing. We granted rehearing and now, after providing the Attorney General with an opportunity to respond, reissue our opinion. 3Defendant was charged with two coconspirators, including co- defendant Robert Duran with whom he went to trial.

2 street gang conspiracy (count 4; § 182.5); and participating in a criminal street gang (count 5; § 186.22, subd. (a).) Count 1 included special…