Is there any case law where a jury found that a member of a criminal gang, who was convicted of assault and assault by reason of his epilepsy, acted under duress, or was induced or aided by others to aid and abet the crime?

California, United States of America


The following excerpt is from People v. Navarrete, B253517 (Cal. App. 2015):

acted under duress, was coerced, or was induced by others to aid and abet the crime, and his contrary contentions are speculative. That he may have hesitated on the curb for a few seconds before walking towards Woodfin with the Ballesteros brothers does not meaningfully demonstrate coercion. While it is unfortunate he suffers from epilepsy, this circumstance was unrelated to his crimes, and the trial court was not obliged to consider it as a mitigating factor. (See People v. Kelley (1997) 52 Cal.App.4th 568, 582.) Finally, as we have discussed, Navarrete's participation in the crime was significant. Navarrete, along with two other gang members, accosted Woodfin at 4:00 a.m. without provocation and provoked an armed confrontation. While Navarrete did not personally issue gang challenges or display a weapon, based on the evidence, the trial court was not obliged to characterize his conduct as passive.

b. Navarrete's sentence of 14 years in prison does not amount to cruel or unusual punishment.

Other Questions


Is a member of a street gang who actively participates in any criminal street gang with knowledge that its members engage in criminal gang activity liable for criminal activity? (California, United States of America)
Is there a consequence that if a gang member is convicted of a criminal offence by virtue of his or her actions, such that the crime proceeds to a criminal enterprise and the criminal damage caused by the crime? (California, United States of America)
What is the appropriate sentence for a convicted member of a street gang who is convicted of a crime committed for the benefit of, at the direction of or in association with any criminal street gang? (California, United States of America)
Does a convicted felon who has completed his sentence for a conviction for a felonies conviction under Proposition 47 of the California Criminal Code, who would have been convicted of a misdemeanor under this act if this act had not been in effect? (California, United States of America)
What is the test for the use of the STEP Act to determine whether a defendant who fired a gun repeatedly at a group of people was a member of a criminal gang, who then committed the crime for the benefit of the criminal gang? (California, United States of America)
What is the test for a gang member to be convicted of a criminal act committed by another gang member? (California, United States of America)
What is the test for the use of the STEP Act to determine whether a defendant who fired a gun repeatedly at a group of people was a member of a criminal gang, who then committed the crime for the benefit of the criminal gang? (California, United States of America)
Does Section 186.22, subdivision (b)(1)(1) of the California Criminal Code apply to a person convicted of a criminal street crime committed for the benefit of, at the direction of, or in association with any criminal street gang? (California, United States of America)
When a convicted criminal has completed his sentence for a conviction for a crime committed under section 1170.18, subdivision (f) of the California Criminal Code, can the conviction be reduced to a misdemeanor? (California, United States of America)
What is the substantive gang crime against a person who actively participates in any criminal street gang with knowledge that its members engage in or have engaged in criminal activity? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.