I. FACTUAL AND PROCEDURAL BACKGROUND
The legislature adopted the Idaho Criminal Gang Enforcement Act (“ICGEA”), I.C. §§ 18-8501 et seq., effective March 24, 2006. 2006 Idaho Sess. Laws, ch. 184, § 1, pp. 582–85. On February 27, 2007, Manzanares was charged with committing two felonies under the ICGEA: (1) recruiting a criminal gang member in violation of I.C. § 18-8504(1)(a); and (2) supplying a firearm to a gang member in violation of I.C. § 18-8505.
Under the Recruiting Provision, “[a] person commits the offense of recruiting criminal gang members by . . . [k]nowingly soliciting, inviting, encouraging or otherwise causing a person to actively participate in a criminal gang.” Idaho Code § 18-8504(1)(a). Count I of the Information (the “Recruiting Charge”), alleged that Manzanares, from about September 21, 2006, until about February 2, 2007, “did knowingly solicit, invite, encourage or otherwise cause a person to actively participate in a criminal gang, The East Side Locas” in violation of the Recruiting Provision.
Judge(s): Rogers S. Burdick
Jurisdiction: Idaho Supreme Court
Related Categories: Constitutional Law
|Supreme Court Judge(s)|
|Trial Court Judge(s)|
|Appellant Lawyer(s)||Appellant Law Firm(s)|
|Molly Huskey||Office of the Idaho State Appellate Public Defender|
|Erik Lehtinen||Office of the Idaho State Appellate Public Defender|
|Appellee Lawyer(s)||Appellee Law Firm(s)|
|Kenneth Jorgensen||Office of the Idaho Attorney General|
|Lawrence Wasden||Office of the Idaho Attorney General|