What is the effect of section 186.22(b)(1) of the California Penal Code on a defendant who is convicted of a violent 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. Smith, D064925 (Cal. App. 2015):

5. Section 186.22, subdivision (b)(1) provides for a sentence enhancement when the defendant "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." There are three main aspects of this gang enhancement, namely, that the crime was (1) "committed for the benefit of, at the direction of, or in association with" (2) "any criminal street gang," as defined by the statute, and (3) the defendant committed the crime "with the specific intent to promote, further, or assist in any criminal conduct by gang members." ( 186.22, subd. (b)(1); see also People v. Gardeley (1996) 14 Cal.4th 605, 616-617.)

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