Does Section 186.22, subdivision (b)(1) of the California Criminal Code apply to a defendant who was convicted of a crime committed in association with a street gang?

California, United States of America


The following excerpt is from People v. Jackson, G037742 (Cal. App. 4/4/2008), G037742 (Cal. App. 2008):

Section 186.22, subdivision (b)(1) imposes an enhanced sentence for "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 . . . ." A trier of fact can rationally infer that a crime was committed "in association" with a gang where, as here, the defendant committed the crimes in concert with other gang members. (People v. Morales (2003) 112 Cal.App.4th 1176, 1198.)

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