Is there any case law that supports the argument that Arroyas is a "serious" crime for future enhancement purposes?

California, United States of America


The following excerpt is from People v. Cruz, G039918 (Cal. App. 6/17/2009), G039918 (Cal. App. 2009):

People v. Briceno (2004) 34 Cal.4th 451, which held that any felony to which a section 186.22, subdivision (b) enhancement is attached qualifies as a serious felony for future enhancement, cited Arroyas with approval, noting it "avoids the impermissible bootstrapping that would occur if any felony that is gang related is also deemed serious in the current proceeding. Specifically, while it is proper to define any felony committed for the benefit of a criminal street gang as a serious felony . . ., it is improper to use the same gang-related conduct again to obtain an additional five-year sentence under section 186.22[, subdivision](b)(1)(B)." (People v. Briceno, supra, 34 Cal.4th at p. 465.)

Other Questions


What is the law on unanimity in a criminal case where the evidence of a crime is only a single crime but the evidence supports the theory of the crime? (California, United States of America)
Is there any case law that supports the argument that identification of a crime scene prior to the crime scene is more accurate than later? (California, United States of America)
When will a defendant be punished for the most serious crime but not for the more serious crime? (California, United States of America)
What is the evidence that supports the argument that the evidence supports the proposition that there is no evidence supporting the claim? (California, United States of America)
Is a person who aids or abets a crime liable for the crime if the original crime was committed independently by another person? (California, United States of America)
Does the prosecutor have to provide supporting documentation to support a finding that a prior conviction of assault is a serious felony? (California, United States of America)
What evidence supports the finding that defendant Lara was not present at the scene of the crime during the commission of crime? (California, United States of America)
What is the dispositive argument against a defendant's argument that unlawful taking of a vehicle is a lesser included crime of carjacking? (California, United States of America)
Does the evidence support the finding that there was insufficient evidence to support a finding that the sexual assault charges against Backman were not supported by the weight of the evidence? (California, United States of America)
Is there any case law that supports our argument that money laundering is a crime under section 182 of the California Penal Code? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.