The People, Plaintiff and Respondent v. Joe Rodriguez, Jr., Defendant and Appellant

Summary

The court held that Penal Code section 186.22(a) does not apply when an active gang participant commits a felony alone, because the statute requires felonious criminal conduct by at least two gang members, including the defendant. The court relied on the provision's plural language and gave effect to the phrase requiring conduct by gang members rather than treating it as surplusage. It therefore affirmed the Court of Appeal's judgment reversing defendant's gang-participation conviction. KENNARD, J., dissenting, would have upheld the conviction when a lone gang member's felony advances the gang's overall criminal purpose.