What is the test for an allegation under section 186.22(b) of the California Criminal Code?

California, United States of America


The following excerpt is from The People v. Torres, F058479, No. VCF184161B (Cal. App. 2010):

Establishing the truth of the section 186.22(b) gang allegation requires a two-part showing. (People v. Villalobos (2006) 145 Cal.App.4th 310, 321-322.) The prosecution must establish the underlying crime was "[1] committed for the benefit of, at the direction of, or in association with any criminal street gang, [2] with the specific intent to promote, further, or assist in any criminal conduct by gang members ( 186.22(b)(1).) Appellant's challenge is directed at the first prong of section 186.22(b)(1). He argues the evidence was insufficient to establish the instant offenses were committed for the benefit of a criminal street gang. We disagree.6

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