What is the appropriate sentence for a convicted member of a street gang who is convicted of a crime committed for the benefit of, at the direction of or in association with any criminal street gang?
California, United States of America
The following excerpt is from People v. Staten, B236234 (Cal. App. 2013):
A sentence enhancement may be imposed pursuant to section 186.22, subdivision (b)(1), on "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 . . . ." The enhancement requires "both that the felony be gang related and that the defendant act with a specific intent to promote, further, or assist the gang." (People v. Rodriguez (Dec. 27, 2012, S187680 [2012 Cal. LEXIS 11909], __ Cal.4th _, _.)
Not every crime committed by a gang member is gang related. (People v. Albillar (2010) 51 Cal.4th 47, 60.) Furthermore, a finding that an offense is subject to section
Page 6
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
