Can a gang member be found guilty of violating section 186.22, subdivision (a) of the California Criminal Code by committing a crime with the assistance of another person?

California, United States of America

The following excerpt is from People v. Warren, D067416 (Cal. App. 2015):

section 186.22, subdivision (a) by committing a crime with the assistance of another person, unless the other person is a gang member. (See Rodriguez, supra, 55 Cal.4th at p. 1138 [discussing hypothetical in which a leader of a gang is assisted by another person in committing several shootings and stating that if the other person is not a gang member then neither the gang leader nor the other person is guilty of violating section 186.22 subdivision (a) because "only one member of the gangthe gang leadercommitted the shootings"]; accord People v. Vega (2015) 236 Cal.App.4th 484, 504 ["[o]ne of the people who engaged in the felonious conduct (in addition to defendant) must have belonged to the same gang in which defendant is an active participant"].)

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Can a gang member be found guilty of violating section 186.22, subdivision (a) of the California Criminal Code by committing a crime with the assistance of another person?

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