Opinion
S275746
10-19-2022
PEOPLE v. CLARK (KEJUAN DARCELL)
E075532 Fourth Appellate District, Div. 2.
Petition for review granted; issues limited
The petition for review is granted.
The issue to be briefed and argued is limited to the following: Can the People meet their burden of establishing a “pattern of criminal gang activity” under Penal Code section 186.22 as amended by Assembly Bill No. 333 (Stats. 2021, ch. 699) by presenting evidence of individual gang members committing separate predicate offenses, or must the People provide evidence of two or more gang members working in concert with each other during each predicate offense?
Pending review, the opinion of the Court of Appeal, which is currently published at 81 Cal.App.5th 133, may be cited, not only for its persuasive value, but also for the limited purpose of establishing the existence of a conflict in authority that would in turn allow trial courts to exercise discretion under Auto Equity Sales, Inc. v. Superior Court (1962) 57 Cal.2d 450, 456, to choose between sides of any such conflict. (See Standing Order Exercising Authority Under California Rules of Court, Rule 8.1115(e)(3), Upon Grant of Review or Transfer of a Matter with an Underlying Published Court of Appeal Opinion, Administrative Order 2021-04-21; Cal. Rules of Court, rule 8.1115(e)(3) and corresponding Comment, par. 2.)
Corrigan, J., was absent and did not participate.
Votes: Cantil-Sakauye, C. J., Liu, Kruger, Groban, Jenkins, and Guerrero, JJ.