Does Section 186.22, subdivision (b)(1) of the Criminal Code apply to a lone gang member who commits a crime committed for the benefit of a criminal street gang?
California, United States of America
The following excerpt is from People v. Ochoa, B251608 (Cal. App. 2015):
Section 186.22, subdivision (b)(1), provides 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 receive additional punishment. The enhancement therefore has two prongsthe benefit prong and the intent prong. (People v. Villalobos (2006) 145 Cal.App.4th 310, 322.)
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The gang expert opined that the shooting benefited appellant's gang. "Expert opinion that particular criminal conduct benefited a gang by enhancing its reputation for viciousness can be sufficient to raise the inference that the conduct was 'committed for the benefit of . . . a[] criminal street gang.'" (People v. Albillar (2010) 51 Cal.4th 47, 63; see also People v. Rodriguez (2012) 55 Cal.4th 1125, 11381139 [section 186.22, subdivision (b)(1) may apply to lone gang member who commits a gang-related crime].)
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