How does section 186.22(b)(1) of the California Criminal Code apply when a defendant has personally committed a gang-related felony with the specific intent to aid members of that gang?

California, United States of America


The following excerpt is from People v. Dominguez, B275920 (Cal. App. 2018):

Notably, the "enhancement set forth in section 186.22(b)(1) does not . . . depend on membership in a gang at all. Rather, it applies when a defendant has personally committed a gang-related felony with the specific intent to aid members of that gang." (People v. Albillar (2010) 51 Cal.4th 47, 67-68.) A " 'criminal street gang' " is defined as "any ongoing organization, association, or group of three or more persons, whether formal or informal, having as one of its primary activities the commission of one or more of [certain enumerated] criminal acts[,] . . . having a common name or common identifying sign or symbol, and whose members individually or collectively engage in, or have engaged in a pattern of criminal gang activity." ( 186.22, subd. (f).) A " 'pattern of criminal gang activity' " means "the commission of . . . or conviction of two or more of [certain enumerated offenses]" that "were committed on separate occasions, or by two or more persons." ( 186.22, subd. (e).)

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