In what circumstances will a court allow a defendant to appeal against his conviction for possession of a firearm and possession of an unregistered firearm pursuant to section 186.22(b)(1) of the Criminal Code?

California, United States of America

The following excerpt is from People v. Valdivia, F067239 (Cal. App. 2015):

In People v. Ramon (2009) 175 Cal.App.4th 843 (Ramon), the defendant was convicted of various crimes after he was found driving a stolen vehicle, and an unregistered firearm was found in the vehicle. Ramon was a member of a criminal street gang, and another member of the same gang was with Ramon when police stopped the stolen vehicle. The jury also found true the allegation that Ramon was a member of a criminal street gang, and found the crime was committed for the benefit of a criminal street gang pursuant to section 186.22(b)(1). Ramon argued to this court there was insufficient evidence to support the section 186.22(b)(1) enhancement.

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