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Legal Opinion

People v. Superior Court

California Court of Appeal

Decided July 21, 2004No. A106264PublishedCited by 4 opinions

1Opinion of the Court

Opinion

SEPULVEDA, J.

The People of the State of California seek to overturn a trial court order dismissing gang charges under the California Street Terrorism Enforcement and Prevention Act (Penal Code § 186.20 et seq., hereafter, the STEP Act). The People contend the trial court erred in ruling (1) the STEP Act does not apply when the only alleged gang activity is felony vandalism, and (2) application of the STEP Act to real parties in interest would be unconstitutional.

We conclude STEP Act allegations were properly included in the indictment. We grant the People’s petition for writ of mandate.

2Cases cited11 opinions

  1. People v. GardeleyCalifornia Supreme Court · 1996
  2. Hale v. MorganCalifornia Supreme Court · 1978
  3. People v. CruzCalifornia Supreme Court · 1996
  4. Garcia v. McCutchenCalifornia Supreme Court · 1997
  5. People v. LoeunCalifornia Court of Appeal · 1997

6 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. People v. Munoz, California Court of Appeal, 5th District2019
  2. People v. LamoureuxCalifornia Court of Appeal · 2019
  3. People v. LopezCalifornia Court of Appeal · 2022
  4. People v. MunozCalifornia Court of Appeal · 2019

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