What is the maximum confinement term for a minor charged with a robbery and a substantive crime of active participation in a street gang?

California, United States of America


The following excerpt is from People v. S.A. (In re S.A.), E056534 (Cal. App. 2013):

In setting the minor's maximum confinement time, the court calculated five years, the upper term, for the robbery, four years for the gang enhancement, and three years for the substantive crime of active participation in a street gang, in order to reach the term of 12 years.4 Penal Code section 654 does not permit separate punishment for the substantive crime of active participation in a criminal street gang where the only evidence of such participation is the current charged offense. (People v. Mesa (2012) 54 Cal.4th 191, 197-198.)

Other Questions


Is a member of a street gang who actively participates in any criminal street gang with knowledge that its members engage in criminal gang activity liable for criminal activity? (California, United States of America)
What is the substantive gang crime against a person who actively participates in any criminal street gang with knowledge that its members engage in or have engaged in criminal activity? (California, United States of America)
Can a defendant be convicted of both a substantive and substantive gang crime and a possession of a firearm while active participant in a criminal street gang? (California, United States of America)
What is the substantive gang crime against a person who actively participates in any criminal street gang with knowledge that its members engage in or have engaged in criminal activity? (California, United States of America)
Can an active participant in a criminal street gang who knows its members engage in criminal gang activity be convicted of street terrorism? (California, United States of America)
Is the substantive crime of actively participating in a street gang a lesser included crime of a violation of section 186.22 of the California Criminal Code? (California, United States of America)
Is there an element of active participation in a criminal street gang, the substantive gang crime? (California, United States of America)
Does Section 186.22 of the California Criminal Code punish a person who actively participates in any criminal street gang with knowledge that its members engage in or have engaged in criminal gang activity? (California, United States of America)
Is a person who actively participates in any criminal street gang with knowledge that its members engage in or have engaged in criminal gang activity a criminal offence? (California, United States of America)
Does Section 186.22, subdivision of the Criminal Code, make it a felony for actively participate in a criminal street gang with knowledge that its members engage in or have engaged in a pattern of criminal gang activity? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.