People v. Hutchinson CA2/3

BACKGROUND

I. The Mexican Mafia

The Mexican Mafia is a predominantly Hispanic prison gang that exerts control over numerous street gangs whose members are currently incarcerated in Southern California’s prisons and jails. It follows a vertical organizational structure with a hierarchy and chain of command. The top or “brain” of the Mexican Mafia consists of about 140 individuals who are housed in high security prisons around the country. The “body” of the Mexican Mafia consists of gang members known as Sureños and Southsiders who are from various Hispanic gangs in Southern California that, once incarcerated, put aside any gang rivalries

1Given our conclusion in this case, we need not address Hutchinson’s claim that his counsel rendered ineffective assistance of counsel for failing to request the appropriate conspiracy instruction, nor do we need to address his claim that conspiracy to commit extortion is not an offense subject to the alternate penalty provision of Penal Code section 186.22, subdivision (b)(4), an issue which our Supreme Court recently decided in People v. Lopez (2022) 12 Cal.5th 957.

2 and pledge loyalty to the Mexican Mafia. Southsiders engage in a variety…