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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