People v. Smith CA4/2

BACKGROUND

We describe only those facts relevant to the issues in this appeal concerning the

gang enhancement allegations under section 186.22, subdivision (b)(1). Smith and

codefendant Donovan Gardner were charged with the following offenses: first degree

burglary with a person present (§ 459; count 1), felony evasion of law enforcement (Veh.

Code., § 2800.2, subd. (a); count 2), assault of a law enforcement officer (§ 245, subd.

2 (c); count 3), and active participation in a criminal street gang (§ 186.22, subd. (a); count

4). For the first three offenses, Smith and Gardner were charged with committing the

offenses for the benefit of, at the direction of, or in association with a criminal street gang

with the intent to promote, further, or assist in criminal conduct. (§ 186.22, subd. (b)(1).)

Detective Dustin Wilf testified as an expert on the Pasadena Denver Lanes, which

he testified is a gang. Wilf opined that Smith was an associate and likely a member of

the Pasadena Denver Lanes and that Gardner was a member.

The prosecutor presented Wilf with a hypothetical mirroring the underlying facts

in this case. Wilf opined that in committing the underlying burglary and…