Posted On: April 5, 2009
SUBSTANTIVE GANG CRIME REQUIRES CRIME TO BE FOR THE GANG
This case addresses the substantive gang crime, PC 186.22(a). This crime applies to any person who actively participates in a criminal street gang and who willfully assists in any felonious criminal conduct by members of that gang. So hereis the question: does the crime itself have to be gang related?
Seems obvious, no?
Actually, it is not obvious. The AG argues here that ANY felonious conduct qualifies, so long as the defendant is an active gang participant. The Court of Appeal rejects this claim. The
court holds that the crime requires proof of gang-related felonious criminal conduct.
People v. Ramirez; 2009 DJ DAR 4809; DJ, 4/1/09; C/A 4th
