THE PEOPLE v. HUE NAY
Defendant Hue Nay shot a teenage boy in the hand and was convicted of assault with a firearm, being a felon in possession of a firearm, and being an active participant in a criminal street gang. He received a prison sentence of 24 years, which included sentence enhancements for personal firearm use and committing the assault for the benefit of, at the direction of, or in association with a criminal street gang. On appeal, he argues that (1) there was insufficient evidence to prove the substantive charge of active gang participation; (2) there was insufficient evidence to prove the gang enhancement; (3) a portion of the testimony of the prosecutions gang expert was admitted into evidence erroneously and was an improper basis for his opinion; and (4) the sentence contravened the United States Supreme Courts recent decisions in Blakely v. Washington (2004) 542 U.S. 296 (Blakely) and Cunningham v. California (2007) 549 U.S. [127 S.Ct. 856] (Cunningham). Court affirm.
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