California, United States of America
The following excerpt is from People v. Alvarez, E072886 (Cal. App. 2021):
The second prong "applies to any criminal conduct, without a further requirement that the conduct be 'apart from' the criminal conduct underlying the offense of conviction sought to be enhanced." (People v. Albillar, supra, 51 Cal.4th at p. 66.) That is, the "any criminal conduct by gang members" provision in the second prong includes the current or
charged offenses. (Id. at pp. 65-66.) Moreover, there is no "requirement that the defendant act with the specific intent to promote, further, or assist a gang; the statute requires only the specific intent to promote, further, or assist criminal conduct by gang members." (Id. at p. 67.)
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