People v. Gardeley

927 P.2d 713 (1996)

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Nature of the Case

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Facts

Bruno decided to urinate in a carport of an apartment complex which was in an area controlled by the Family Crip gang. Bruno was confronted by three gang members (Ds) who then proceeded to beat Bruno severely and to steal a watch, a gold chain and $30. The police were called, and eventually Ds were found with a baggie of cocaine outside the car they were driving and Ds with blood and bruises on their bodies from a recent fight. Ds, Gardeley and Thompson were charged with attempted murder, assault with a deadly weapon, robbery and increased sentence liability based on the fact that the activities they engaged in were done for and related to gang activity. During trial, a police detective was brought to the stand to establish the gang activity of the Ds, and when asked to relay the evidence of the third D, Watkins, the defense objected. An offer of proof was made without the jury present, and the trial court ruled that the detective could testify as an expert on criminal gang activity. Watkin's testimony was allowed but with a jury charge of its use in forming an expert opinion. More evidence and bad acts of the gang were entered into evidence by the use of the expert detective such that eventually, that detective concluded that Ds were acting within the requirements for enhanced sentencing under STEP. Ds were convicted and appealed. The Appeals court struck the enhanced sentences for the gang activity in that the prosecution failed to prove two or more predicate offenses as required under the enhanced sentencing act (STEP).