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


The following excerpt is from People v. Valenzuela, 247 Cal.Rptr.3d 651, 441 P.3d 896, 7 Cal.5th 415 (Cal. 2019):

3 Section 186.22, subdivision (b)(1) provides, in pertinent part, that "any person who is convicted of a felony committed for the benefit of, at the direction of, or in association with any criminal street gang, with the specific intent to promote, further, or assist in any criminal conduct by gang members, shall, upon conviction of that felony," be subject to a custodial term in addition to the one associated with the underlying felony offense. This enhancement "punishes gang-related conduct, i.e., felonies committed with the specific intent to benefit, further, or promote the gang." (People v. Rodriguez (2012) 55 Cal.4th 1125, 1138, 150 Cal.Rptr.3d 533, 290 P.3d 1143 (lead opn. of Corrigan, J.) (Rodriguez ).)

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