CALIFORNIA CRIMINAL DEFENSE NEWS: GANG ENHANCEMENT DOESN'T REQUIRE CRIME TO BENEFIT THE GANG
Here is yet a other long line of terrible, absurd gang enhancement cases. California Penal Code sec. 186.22(b), the gang enhancement provision, requires that the crime have been committed for the benefit of the gang. Right? Yes, that's what the statute says.
If so, this defendant wins. Right?
But this Court of Appeal says that the crime doesn't actually have to be for the benefit of the gang. It's enough that there was evidence that the crime was committed "in association with" the gang with the intent to assist criminal conduct.
The facts here pretty clearly show that the robbery was not for the benefit of the gang, but it was committed with another gang member and the defendant was a member of
the gang, that's enough to show the "association" required.
Hey, the first outrage of the week for the new year.
People v. Martinez; 2008 DJ DAR 668; DJ, 1/17/08; C/A 4th
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