Conspiracy and Street Gang Participation?

Prosecutors like charging conspiracy crimes, in part because they can charge a defendant with both the underlying crime and the conspiracy (See Chapter 4), and if convicted, get tougher sentences. 

California makes it a crime to participate in a criminal street gang, which is defined to mean any group having a common name and a pattern of criminal gang activity. 

Can a gang member be convicted of conspiracy to commit the crime of criminal street gang participation? 

The court in People v. Johnson, 140 Cal. Rptr. 3d 711 (Cal. App. 2012) said no. Why not? 

The California Supreme Court accepted review of the decision, 282 P.3d 1216 (2012).

What do you think will be the result?

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