California, United States of America
The following excerpt is from The People v. Cox, B215635, No. MA038466 (Cal. App. 2010):
upholding his gang enhancement. It first cites People v. Ferraez, supra, 112 Cal.App.4th 925, in which the defendant was convicted of possession of rock cocaine for sale and actively assisting a criminal street gang in felonious criminal conduct. (See Penal Code, 186.22, subd. (a).) The evidence showed that the defendant told the arresting officer that he had acquired permission from the Las Compadres gang to sell drugs in their territory. In addition, the defendant admitted to being a member of the Walnut Street gang, which was friendly with Las Compadres. The prosecution's gang expert opined that, based on a hypothetical identical to the facts of the case, the defendant intended to sell the drugs for the benefit of the gang, explaining that the proceeds would be used to benefit the gang through the purchase of weapons or narcotics, or as bail for a fellow gang member.
The court upheld the gang conviction, stating that
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.