People v. Garcia (2007)

In People v. Garcia (2007) 153 Cal.App.4th 1499, the defendant was stopped for a traffic infraction and found to be in possession of a firearm. He was convicted of carrying an unregistered firearm in public and street terrorism. He was also found to have committed the firearm offense for the benefit of a criminal street gang. (Id. at pp. 1502-1503.) At trial, in addition to evidence of the defendant's gang involvement for many years leading up to his arrest, an expert opined: "'Guns in a gang are huge.' Guns are used by gang members to intimidate members of their own gang and other gangs, as well as nongang members. Guns are a sign of violence, and lead to respect within the gang. If a gang member possesses a gun, all the other gang members will know about it. Gang members often keep guns in areas that are 'safe,' such as with gang members who are not on probation and not subject to search. A gang member who uses a gun intends to kill, not to wound." (Id. at p. 1503.) Among other things, the expert concluded: "Defendant's possession of a firearm on November 5, 2004, was to benefit the gang because the gang's status would increase if defendant were reputed to possess a firearm." (Id. at p. 1505.) The Court of Appeal rejected the defendant's contention the evidence was insufficient to support the gang enhancement. Despite the defendant's self-serving testimony that, after being shot several years before his arrest, he became fearful for his life and possessed the gun for protection, the court concluded the overall evidence supported a conclusion he possessed the firearm for the benefit of his gang. (People v. Garcia, supra, 153 Cal.App.4th at p. 1512.)