Is a convicted member of a street gang who is serving time for a charge of possession of a firearm with intent to endanger life or cause grievous bodily harm under section 186.22 of the California Penal Code (b)(1)(1) of the Penal Code)?

California, United States of America


The following excerpt is from People v. Miller, B219922, Los Angeles County Super. Ct. No. MA041498 (Cal. App. 2011):

Under Penal Code section 186.22, subdivision (b)(1), a person 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," is properly subject to its additional punishment. (Miranda, supra, 192 Cal.App.4th at p. 411; People v. Margarejo (2008) 162 Cal.App.4th 102, 106, 108.)

Other Questions


Does section 1159 of the California Criminal Code allow a defendant to be found guilty of a charge of possession of a firearm with intent to endanger life or cause grievous bodily harm? (California, United States of America)
What is the test for Section 186.22 of the California Criminal Code for a charge of possession of a firearm with intent to endanger life or cause grievous bodily harm? (California, United States of America)
Can a convicted felon who is in possession of a firearm for a short period of time, but who has not been convicted of a criminal offence under section 12021 of the California Penal Code, can he continue to possess the firearm? (California, United States of America)
Does section 654 of the Criminal Code apply to the possession of a firearm with intent to endanger life or cause grievous bodily harm? (California, United States of America)
Can a defendant who has been given a life sentence for an assault with intent to murder be convicted of the crime under section 12022(a) of the Penal Code section 120 22(b) and section 5.5 of the Criminal Code? (California, United States of America)
Is a charge under section 12022.5 of the California Penal Code for possession of a firearm an allegation of firearm use included in a charge of a lesser included crime? (California, United States of America)
Can a defendant be found guilty of a charge of possession of a firearm with intent to endanger life or cause grievous bodily harm against another person who has not been charged? (California, United States of America)
Can a convicted sex offender be sentenced to life imprisonment under section 667.67.51, subdivision (c) of the California Penal Code for a conviction of lewd or lascivious acts and finding of two prior convictions within the meaning of Section 67.51? (California, United States of America)
What is the test for an enhancement to a conviction under section 186.22(b)(1) of the California Criminal Code when a defendant is convicted of a criminal street crime committed for the benefit of a street gang? (California, United States of America)
Can a defendant be convicted of a lesser included crime of the same crime under both sections of the California Penal Code and Section 654 of the Penal Code? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.