What is the test for an appellant to be subject to the consequences of section 186.22 of the Penal Code?

California, United States of America


The following excerpt is from People v. B.H. (In re B.H.), B226912 (Cal. App. 2011):

To subject an appellant to the consequences of Penal Code section 186.22, "the prosecution must prove that the crime for which the [appellant] was convicted had been 'committed for the benefit of, at the direction of, or in association with any criminal street gang, [and] with the specific intent to promote, further, or assist in any criminal conduct by gang members.'" (People v. Gardeley, supra, 14 Cal.4th at pp. 616-617.) Appellant argues that the evidence only established that he, a Playboy Gangster Crips member, engaged in the two incidents with his companions.

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