What is the basis for a motion to vacate a criminal conviction for participation in a criminal street gang?
California, United States of America
The following excerpt is from In re Frushon, E065605 (Cal. App. 2016):
On September 30, 2015, petitioner filed a petition for habeas corpus in this court. He argued that his conviction for participation in a criminal street gang must be vacated because he was acting alone at the time of the arrest, and that, after the decision in People v. Rodriguez (2012) 55 Cal.4th 1125 (Rodriguez), the People must prove that at least two gang members engaged in felonious activity in order to obtain a conviction under section 186.22, subdivision (a).
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