California v. Ware
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Appellants Dionte Simpson, Victor Ware, and Nicholas Hoskins were members of 5/9 Brim (Brim), a criminal street gang in San Diego that was a set of the Bloods gang. The Neighborhood Crips (NC) and West Coast Crips (WCC), (together, the Crips), other criminal street gangs, were the main rivals of the Brims. A jury found appellants guilty of multiple crimes related to their gang involvement. Ware admitted a prison prior allegation. The court sentenced appellants to prison as follows: (1) Ware, 27 years plus 40 years to life; (2) Simpson, 36 years plus 25 years to life; and (3) Hoskins, 25 years to life. Appellants challenged the sufficiency of the evidence supporting their convictions for conspiracy to commit murder (count 1) and criminal street gang conspiracy (counts 6, 7, 9). They also challenged various alleged errors at trial to attack their respective convictions and sentences. The Court of Appeal reversed Ware's and Hoskins's gang conspiracy convictions, but rejected appellants' remaining arguments regarding their convictions. The Court agreed that Simpson's and Ware's
sentences had to be vacated; the matter was remanded for resentencing.
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