What is the specific intent of a defendant in a criminal case for alleged membership of a street gang?

California, United States of America


The following excerpt is from The People v. Araniva, B218787, No. VA106834 (Cal. App. 2010):

Section 186.22, subdivision (b) requires proof that the charged felony was "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." ( 186.22, subd. (b)(1).) As stated previously, in reviewing a challenge to the sufficiency of the evidence, we review the whole record in the light most favorable to the judgment, presuming in support of the judgment the existence of every fact the jury could reasonably deduce from the evidence. (People v. Proctor, supra, 4 Cal.4th at p. 528.) The same standard applies to true findings on gang allegations. (People v. Ortiz (1997) 57 Cal.App.4th 480, 484.)

The specific intent element necessary for a gang enhancement does not require evidence of intent to promote criminal conduct other than the charged crimethe intent to assist another gang member in perpetrating the charged crime will suffice to show the necessary specific intent. (People v. Romero (2006) 140 Cal.App.4th 15, 20 (Romero)?) Evidence of the required intent can be found in the fact that each defendant

Page 12

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 test for a finding that a defendant committed a crime for the benefit of, at the direction of or in association with a criminal street gang and with the specific intent to benefit the gang? (California, United States of America)
What is the definition of a 'criminal street gang' and what is the test for membership of a criminal street gang? (California, United States of America)
Can a defendant be convicted of both counts of membership of a criminal street gang and a charge of criminal activity under section 654 of the California Criminal Code? (California, United States of America)
What is the range of sentences for a convicted of a violent felony committed for the benefit of a criminal street gang, with the specific intent to promote or assist criminal conduct by gang members? (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)
What is the test for establishing that a criminal street gang is a "criminal street gang"? (California, United States of America)
Can a defendant who is charged with a charge of membership of a criminal gang commit one or more of the "two or more" predicate offenses necessary to establish a pattern of criminal gang activity? (California, United States of America)
Does Section 186.22, subdivision (b)(1)(1) of the California Criminal Code apply to a person convicted of a criminal street crime committed for the benefit of, at the direction of, or in association with any criminal street gang? (California, United States of America)
What is the test for establishing that a criminal street gang is a "criminal street gang"? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.