News & Events

In this consolidated appeal, the Court of Appeal held that the trial court erred by instructing the jury on CALCRIM No. 417 (liability for acts of coconspirators), which allowed a murder conviction as the natural and probable consequence of an uncharged drug conspiracy (without proof of malice), and that the error was not harmless beyond a reasonable doubt. The Court further held that the gang enhancements must be reversed because the instructions at trial did not comport with the new requirements of PC 186.22; none of the predicate offenses occurred “within three years of the date the current offense is alleged to have been committed,” and the jury was permitted to rely on the charged offenses in determining whether a pattern of criminal gang activity had been proven.