What is the standard of review in the context of gang enhancement cases?
California, United States of America
The following excerpt is from People v. Taylor, C062726, Super. Ct. No. 06F10601 (Cal. App. 2011):
Our standard of review is abuse of discretion. ( 954; People v. Hernandez (2004) 33 Cal.4th 1040, 1044.) The trial court did not abuse its discretion here.
It is true there was no evidence that Buckley was a gang member. But the gang enhancement statute does not require such membership. ( 186.22, subd. (b)(1); see People v. Villalobos (2006) 145 Cal.App.4th 310, 321-322.)
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