July 17, 2013

Conspiracy/street-gang, lesser-included-offense opinions filing tomorrow

The Supreme Court tomorrow will file opinions in two criminal law cases.

In People v. Johnson, which was argued on the court’s late-May calendar, the issue is whether there is a crime of conspiracy to commit the offense of active participation in a criminal street gang in violation of Penal Code section 186.22, subdivision (a).

People v. Smith was argued on the early-May calendar. It presents this issue: Should the trial court have instructed the jury, as requested, on misdemeanor resisting a peace officer (Pen. Code, § 148, subd. (a)(1)) as a lesser included offense of resisting an executive officer in the lawful performance of his duty (Pen. Code, § 69)?

The opinion can be viewed online tomorrow beginning at 10:00 a.m.

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