California, United States of America
The following excerpt is from People v. Salazar, G048144 (Cal. App. 2015):
Defendant's claim fails because he cannot establish prejudice even were we to assume counsel was deficient, which we do not. First, the stipulation defendant claims establishes his attorney ineffectiveness was replaced by a different stipulation that did not have the same effect. The replacement stipulation was not the functional equivalent of admitting all the elements of actively participating in a criminal street gang. Instead, defendant stipulated his gang qualifies as a criminal street gang, he was an active participant, and he knew his gang engaged in a pattern of criminal gang activity. Even with the stipulation, the prosecutor had to prove beyond a reasonable doubt defendant willfully promoted, furthered, or assisted in felonious criminal conduct by members of the gang. (See People v. Albillar, supra, 51 Cal.4th at p. 56.)
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