P. v. Mendoza and Galindo CA4/3
Defendants Danny Mendoza and Mynor Daniel Galindo (defendants) were jointly charged with several crimes, including active participation in a criminal street gang (Pen. Code, § 186.22, subd. (a); count 3); and unlawfully taking or driving an automobile (Veh. Code, § 10851, subd. (a); count 4). The case was tried on the theory Mendoza was the direct perpetrator of count 4, as the driver of a stolen vehicle, while Galindo aided and abetted count 4, as a passenger in the vehicle; and that felonious criminal conduct was the basis for active gang participation as charged in count 3.
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