People v. Hill

[772]

Opinion

NICHOLSON, J.

Defendant made a criminal threat for the benefit of a criminal street gang. Sentenced to prison, he appeals, contending (1) we should apply a Ninth Circuit Court of Appeals decision requiring, for a gang enhancement, that the crime be committed with the intent to enable or further

other

criminal conduct by the gang and therefore find there was insufficient evidence to support the gang enhancement here, and (2) the trial court erred in calculating his presentence custody credits. We decline to adopt the Ninth Circuit’s reasoning because it conflicts with the plain language of the gang enhancement statute. We agree, however, that the trial court improperly calculated presentence custody credits and therefore modify the judgment.

FACTS

On an evening in November 2004, the vehicle that defendant was driving scraped against Alesia Monroe’s vehicle. Defendant had lost his vision in one eye and may have misjudged the distance. He was trying to maneuver around her as she was stopped in the middle of the street. They exited their vehicles and had words. Monroe told defendant to look where he was going, and defendant, saying something about Nogales Gangster Crips, told her she had “disrespected” him.

Defendant left, but later returned with his girlfriend, Letisha Adams. Monroe, by this time, was sitting in the passenger seat of a friend’s pickup truck. Defendant and Adams accused Monroe of “disrespecting” defendant and threatened her. They tried to open the door to the pickup, which Monroe had locked, and demanded that Monroe fight Adams.

Defendant screamed: “[Y]eah, bitch; yeah, bitch. I’m gonna’ get you now. Yeah, bitch. I went and got somebody for you.” He accused Monroe of saying he was blind. Monroe tried to apologize.

Defendant had a gun in his waistband. He put his hand on the handle and his finger on the trigger. He threatened to use the gun to “bop” her, which Monroe took to mean he was going to shoot her.