Does Section 186.22, subdivision (b)(1)(1) of the California Criminal Code apply to a convicted member of a street gang?

California, United States of America


The following excerpt is from People v. McDaniels, B250574 (Cal. App. 2015):

Section 186.22, subdivision (b)(1) provides a sentence enhancement for anyone 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." The "for the benefit of . . ." element essentially means that the crime must be "'"gang related."'" (People v. Albillar (2010) 51 Cal.4th 47, 60.) "Not every crime committed by gang members is related to a gang." (Ibid.)

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