In what circumstances will a defendant be convicted of conspiracy to commit first degree murder, and street terrorism?

California, United States of America


The following excerpt is from The People v. Venegas, G041958, Super. Ct. No. 05NF0836 (Cal. App. 2011):

In Vu, the defendant, a gang member, was found guilty of conspiracy to commit first degree murder, murder, and street terrorism. The charges arose from the defendant's participation in the shooting of a person believed to be a member of a rival street gang for the prior killing of one of the defendant's fellow gang members. The trial court imposed a concurrent sentence for the street terrorism conviction, but on appeal we reversed. "Vu committed different acts, violating more than one statute, but the acts of conspiracy and street terrorism constituted a criminal course of conduct with a single intent and objective. That single criminal intent or objective was to avenge [an earlier] killing by conspiring to commit murder. Although that intent or objective could be parsed further into intent to promote the gang and intent to kill, those intents were not independent. Each intent was dependent on, and incident to, the other." (People v. Vu, supra, 143 Cal.App.4th at p. 1034.)

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