Posted On: November 25, 2009
PENAL CODE SECTION 654 AND GANG ENHANCEMENTS
The defendant was convicted of robbery, with a gang enhancement, and the substantive crime of being a member of a gang. He got concurrent time for the membership count. But Penal Code sec. 654 bars multiple sentences for a single act.
This California Court of Appeal rules that being a member of a gang isn't a crime; the crime is actively participating in a street gang by assisting in the commission of felonious conduct by the gang, meaning that there has to be a crime. So Penal Code sec. 654 is violated by punishment for both gang membership and a gang enhancement.
People v. Sanchez; 2009 DJ DAR 16464; DJ, 11/24/09; C/A 4th, Div. 2
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