P. v. SHABAZZ

Filed 3/27/06

IN THE SUPREME COURT OF CALIFORNIA

THE PEOPLE, )

)

Plaintiff and Respondent, )

) S131048

v. )

) Ct.App. 2/8 B160417

SAMUEL SHARAD SHABAZZ, )

) Los Angeles County

Defendant and Appellant. ) Super. Ct. No. BA203410

__________ )

We granted review in this case to address the following two questions: (1) Does the special circumstance set forth in Penal Code section 190.2, subdivision (a)(22) (hereafter section 190.2(a)(22)),^[1] which authorizes imposition of a punishment of death or life imprisonment without the possibility of parole upon an active participant of a criminal street gang who â€