P. v. Cabrera
After knocking down and injuring another man in a drunken fight, defendant Miguel Angel Cabrera was charged with three assault offenses (counts one through three),[1] one charge of actively participating in a street gang (count four) and three gang enhancements to counts one through three.[2] A jury found him guilty on counts one, two, and four but found the gang enhancements not true. It found true four 10 year old convictions for robbery and assault in the State of Washington. He was sentenced to an aggregate term of 30 years to life, including a concurrent sentence on count four. The defendant appeals, principally challenging the count four conviction.
Count four charged the defendant as follows: On or about July 6, 2006, [defendant] did unlawfully and actively participate in a criminal street gang with knowledge that its members engage in and have engaged in a pattern of criminal gang activity, and did promote, further and assist in felony criminal conduct by gang members.
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