Tuesday, January 25, 2005

Garcia v. Carey

Garcia v. Carey, No. 02-56895 (1-20-05). Petitioner robbed a victim in the heart of gang-turf, and while with gang members. However, the state enhancement for gang-related requires that the robbery was in furtherance of the gang activities, and no evidence was presented on that issue. Wallace, dissenting, argues that the court needs to defer to the state's finding, and that under Jackson's "sufficiency of evidence" standard, there was evidence: after all, a robbery nets proceeds that furthers the gang, and he was with gang members.


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