The People, Plaintiff and Respondent v. Joe Rodriguez, Jr., Defendant and Appellant — Kennard, J., Dissenting

Summary

Justice Kennard dissented from the conclusion that a lone gang member cannot commit criminal street gang participation. She would construe the statute to reach a gang member who independently commits a felony that, by its nature and circumstances, advances the gang's overall felonious purpose, and would find that construction constitutionally permissible. She would reverse the Court of Appeal and uphold the gang-participation conviction.