People v. Johnson

Defendants were part of a Bakersfield gang and were involved in various retaliatory shootings against perceived rivals. After a jury trial, Defendants were convicted of, inter alia, first degree murder with multiple-murder and gang-murder special circumstances, active gang participation, and conspiracy. The conspiracy count alleged that each Defendant had engaged in conspiracy to commit felony assault, robbery, murder, and gang participation. The court of appeals affirmed the conspiracy convictions, holding that conspiracy to actively participate in a criminal street gang did not qualify as a crime, but each conspiracy count was also based on the valid theory of conspiracy to commit murder. The Supreme Court reversed, holding that that a defendant may conspire to actively participate in a criminal street gang and may be separately charged once a conspirator has committed an overt act. Remanded. View "People v. Johnson" on Justia Law