P. v. Valles
Appellant was convicted of first degree murder and sentenced to life imprisonment without the possibility of parole based on the criminal street gang special circumstance in Penal Code section 190.2, subdivision (a)(22). Appellant appeals the sentence, arguing that the evidence was insufficient to prove two essential elements of the special circumstance allegation. Specifically, appellant argues the evidence did not show (1) he was an active participant in a criminal street gang or (2) he knew that the members of the gang engaged in a pattern of criminal gang activity. Appellant contends his sentence should be reversed and the matter remanded for resentencing.
Court conclude the evidence was sufficient to support the jury's findings regarding the criminal street gang special circumstance. Therefore, the sentence is affirmed.
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