People v. Ortega

In People v. Ortega (2006) 145 Cal.App.4th 1344, three Norteo gang members worked together to commit a murder for monetary gain. The gang expert in that case testified that Norteo is a criminal street gang made up of 20 to 25 different subsets in Sacramento. (Id. at p. 1354.) He opined that the defendant was a Norteo, specifically a Barrio North Side Norteo, and that the other two men involved in the murder were Norteos without identifying the subset or subsets to which they belonged. (Ibid.) The gang expert testified that the Norteo gang's primary activities were "murder, assault, witness intimidation, carjacking, robbery, extortion, and dope dealing." (Id. at p. 1356.) He also testified regarding two shootings committed by Norteos, including "a shooting into a crowd of rival gangsters" and the shooting of someone who was wearing Sureo colors. (Ibid.) The court rejected the "defendant's assertion that the prosecution had to prove precisely which subset was involved" in the case. (Id. at pp. 1356-1357.) The court observed that "No evidence indicated the goals and activities of a particular subset were not shared by the others. There was sufficient evidence that Norteo was a criminal street gang, that the murder was related to activity of that gang, and defendant actively participated in that gang." (Id. at p. 1357.) The court stated, "In this case there was testimony that it was not uncommon for members of different gangs to work in concert to commit a crime. In light of the nature of gang structure and the apparent willingness of members to work with other gangs to commit crimes, requiring the prosecution to prove the specific subset of a larger gang in which a defendant operated would be an impossible, and ultimately meaningless task." (Ibid.)