People v. Valenzuela
Annotate this CaseDefendant was convicted of grand theft after stealing a $200 bicycle and street terrorism. The crime of “street terrorism” requires, inter alia, that a person actively participate in criminal street gang activity and willfully promote, further or assist in any felonious criminal conduct of the gang. The court held that, after the passage of Proposition 47, that a conviction for street terrorism survives after a felony conviction that is based upon the same conduct has been reduced to a misdemeanor. The court explained that, unlike with a gang enhancement, a street terrorism conviction does not require a felony conviction; it requires only that the conduct that resulted in the conviction was felonious at the time it was committed. Accordingly, the court affirmed the trial court's order denying resentencing on defendant's street terrorism conviction.
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