Is there a constitutional issue where a defendant is a member of a Highland Street gang who commits a crime with a connection to the gang?

California, United States of America


The following excerpt is from The People v. Cabrera, G042390, No. 07CF4087 (Cal. App. 2010):

While acknowledging those cases, defendant contends they do not deal with the due process issue and neither they nor any other case has dealt with facts comparable to those here, i.e., a gang member committing a crime with a connection to the gang. Regardless, there is no constitutional issue. Castillo testified that, based on conversations he had with gang members, stolen cars are used to commit other crimes. This shields members from easy identification because they are not using their own cars and thereby promotes gang activity, thus connecting the crime with Highland Street. And such was the case in People v. Salcido, supra, 149 Cal.App.4th 356, 360-361, where the defendant's crimes were some of the gang's primary activities.

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