Conundrum
Robert meets all the elements of criminal street gang participation in violation of Penal Code 186.22(a), except for one---the commission of a felony.
One night, Robert is caught carrying a loaded firearm on his way to the store.
Carrying a loaded firearm in public is a misdemeanor . . . unless the person carrying the firearm is a criminal street gang participant, in which case the crime would be elevated to a felony.
What crime or crimes is Robert guilty of?
a) Criminal street gang participation
b) Carrying a loaded firearm in public, a misdemeanor
c) Criminal street gang participant carrying a loaded firearm in public, a felony
d) a and c
e) None of the above
(Answer at 141 Cal.App.4th 604.)
posted by brainmarket @ 6:36 AM
4 Comments:
b
You would think. But the Fourth District said each crime could simultaneously prove the other, making the answer c. (At least they were able to figure out that the 186.22(a) count was a lesser included offense.)
I need to stop thinking. Clearly, its not getting me anywhere.
can you be tried for reporting your neighbor in their underware?
Tried for erroroenusly reporting a crime
Hint (occured in Trinity County)
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