Does a defendant have to prove that they committed crimes committed under section 186.22, subdivision (b)(1)(1) of the Criminal Code?

California, United States of America


The following excerpt is from People v. Robles, B252895 (Cal. App. 2015):

Defendants do not challenge the sufficiency of the evidence that they committed the crimes for the benefit of, at the direction of, or in association with a criminal street gang. They argue instead that there is no substantial evidence that they committed the crimes with the specific intent to facilitate other criminal conduct by gang members. They cite Garcia v. Carey (9th Cir. 2005) 395 F.3d 1099 for the proposition that the second prong of section 186.22, subdivision (b)(1) requires the specific intent to facilitate some other criminal conduct by gang members apart from the current offenses.

Other Questions


Does section 27 of the California Criminal Code, section 778a, subdivision (a)(1) of the Criminal Code of California apply to a defendant who is charged with a charge of conspiracy to commit a crime committed outside of the state? (California, United States of America)
Can a defendant be found to have committed a single physical act for purposes of section 654 of the California Criminal Code, Section 215 of the Code of Civil Procedure, Section 422 of the Criminal Code for carjacking? (California, United States of America)
Does a new enhancement pursuant to section 667.5, subdivision (b) of the California Criminal Code apply to a defendant where the prior sentence was for a crime committed after the crime was committed? (California, United States of America)
Does Section 186.22, subdivision (b)(1) of the California Criminal Code apply to a defendant who was convicted of a crime committed for the benefit of a criminal street gang? (California, United States of America)
Does section 654, subdivision (a) of the California Criminal Code, Section 654 of the Criminal Code protect a defendant against prosecution for an act or omission committed during a course of conduct deemed to be indivisible in time? (California, United States of America)
Can a defendant who commits the crime of grand theft auto in violation of section 487, subdivision (d) of section 666.5 of the California Criminal Code, be convicted of the crime? (California, United States of America)
Does Section 186.22, subdivision (b)(1)(A)(A) of the California Criminal Code apply to a defendant who is convicted of a charge of a violent crime committed for the benefit of, at the direction of or in association with a criminal street gang? (California, United States of America)
Does Section 186.22, subdivision (b)(1)(1) of the California Criminal Code apply to a person convicted of a criminal street crime committed for the benefit of, at the direction of, or in association with any criminal street gang? (California, United States of America)
Does a Defendant who commits an assault with a firearm under section 245, subdivision (a)(1) of the California Criminal Code commit assault with the deadly weapon under Section 245 of the Civil Code? (California, United States of America)
Can a defendant who has been given a life sentence for an assault with intent to murder be convicted of the crime under section 12022(a) of the Penal Code section 120 22(b) and section 5.5 of the Criminal Code? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.