P. v. Mendoza
Following an exchange of verbal taunts and the throwing of gang signs, a fight took place between two rival gangs. In the aftermath, one gang member lay seriously wounded in a pool of blood. An information charged defendant Miguel Mendoza with attempted murder (Pen. Code, 187, 664 -- count I),[1]three counts of assault by means of force likely to produce great bodily injury ( 245, subd. (a)(1) -- counts II, III, IV), and with actively participating in a criminal street gang ( 186.22, subd. (a) -- count V). As to counts I, II, III, and IV, the information alleged the crimes were committed for the benefit of a criminal street gang. ( 186.22, subd. (b)(1).) A jury found defendant guilty of attempted voluntary manslaughter, one count of assault by means of force likely to produce great bodily injury, and of actively participating in a criminal street gang. The jury acquitted defendant of the other two counts of assault.
Court reverse defendants convictions on two counts and remand for a partial retrial.
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