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We rely on donations for our financial security. Donate Now. Sign In Register. Filed: August 27th, Precedential Status: Precedential. Citations: None known. Docket Number: S Your Notes edit none. Cited By 0 This case has not yet been cited in our system.
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Authorities 12 This opinion cites: People v. Gardeley, 14 Cal. Albillar, 51 Cal. Victor J. Orena, Also Known as Little mexican mafia symbol 3 times People v. Zamudio, P. Lawley, 38 P. Please support our work with a donation. This case asks us to decide what type of showing the prosecution must make when its theory of why a criminal street gang exists turns on the conduct of one or more gang subsets.
We conclude that the STEP Act requires the prosecution to introduce evidence showing an associational or organizational connection that unites members of a putative criminal street mexican mafia symbol. The prosecution has significant discretion in how it proves this associational or organizational connection to exist; we offer some illustrative examples below of strategies prosecutors may pursue.
In this case, the prosecution did not introduce sufficient evidence showing a connection among the subsets it alleged comprised a criminal street gang, so Prunty was not eligible for a sentence enhancement under the STEP Act. As Manzo and his companions approached the restaurant, defendant Prunty and Emilio Chacon confronted them. To prove that Prunty qualified for the enhancement, the prosecution introduced evidence from a gang expert, Detective John Sample, a veteran officer with the Sacramento Police Department.
The jury acquitted Prunty of attempted murder but convicted him of the lesser included offense of mexican mafia symbol voluntary manslaughter. The trial court sentenced Prunty to an aggregate term of 32 years in prison.
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On appeal, Prunty claimed that the prosecution failed to introduce sufficient evidence to prove that he committed the offenses for the benefit of a mexican mafia symbol street gang, as that term is defined in section In support of this argument, Prunty relied on People v. Williams Cal. Williams, at p. These are questions of statutory interpretation that we must consider de novo. Imperial Merchant Services, Inc. We apply a deferential standard of review when evaluating — as we do below at pp. See People syjbol.
Zamudio 43 Cal. That connection may take the form of evidence of collaboration or organization, or the sharing of material information among the subsets of a larger group. Alternatively, it may be shown that the subsets are mwfia of the same loosely hierarchical organization, even if mexican mafia symbol subsets themselves do not communicate or work together.
And in other cases, the prosecution may show that various subset members exhibit behavior showing their self-identification with a larger group, thereby allowing those subsets to be treated as a single organization.]
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