CALIFORNIA CRIMINAL DEFENSE: REQUIREMENTS FOR THE GANG ENHANCEMENT
REQUIREMENTS FOR THE GANG ENHANCEMENT
California Penal Code sec. 186.22(b) is an enhancement for crimes done for a gang. There
are two Ninth Circuit cases (Briceno, 555 F.3d 1069; Garcia, 395 F.3d
1099) which say that because Penal Code sec.186.22(b) requires that the crime be committed with the specific intent to promote the gang, it is insufficient to show mere membership in the gang coupled with an expert's generic testimony that all gang members commit crimes with the
specific intent to promote the gang. California state court cases reject this position, and this Court of Appeal also rejects this position. The California state courts and the 9th Circuit are locked in mortal combat.
People v. Vasquez; 2009 DJ DAR 14778; DJ, 10/14/09; C/A 2nd, Div. 6
