Wednesday, December 18, 2013

People v. Gardeley case brief

People v. Gardeley case brief summary
927 P.2d 713 (Cal. 1996)


CASE SYNOPSIS
The People appealed from the order of the Court of Appeal (California) that set aside the convictions of defendants, gang members, after the superior court convicted them and sentenced them under the Street Terrorism Enforcement and Prevention Act.

CASE FACTS
Defendants, gang members, were sentenced in the trial court under the enhanced sentencing provision of the Street Terrorism Enforcement and Prevention Act, also known as the STEP Act, Cal. Penal Code § 186.20 et seq. (1988), upon the expert testimony of a detective presented by the People. Defendants were charged with attempted murder, a violation of Cal. Penal Code §§ 664, 187; assault with a deadly weapon with a great bodily injury enhancement, a violation of Cal. Penal Code §§ 245(a)(1), 12022.7; and robbery, a violation of Cal. Penal Code § 211, for the brutal attack on their victim. Each of these offenses was alleged to have been committed for the benefit of, at the direction of, or in association with a criminal street gang, Cal. Penal Code § 186.22(b)(1). Defendants appealed, and the appellate court reversed.

HOLDING
The People then appealed, and the court reversed because the STEP sentence was supported by the evidence.

CONCLUSION
The court reversed the appellate court's judgment insofar as it set aside defendants' convictions and struck the increased prison terms imposed.


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