What is the test for an enhancement to a conviction under section 186.22(b)(1) of the California Criminal Code when a defendant is convicted of a criminal street crime committed for the benefit of a street gang?

California, United States of America


The following excerpt is from People v. Berry, B227545 (Cal. App. 2012):

To resolve this issue, we review the whole record in the light most favorable to the judgment to decide whether substantial evidence supports the conviction, so that a reasonable jury could find guilt beyond a reasonable doubt. (People v. Ceja (1993) 4 Cal.4th 1134, 1138.) Where substantial evidence supports the verdict, we must affirm, even though the evidence would also reasonably support acquittal. (People v. Towler (1982) 31 Cal.3d 105, 118.)

Section 186.22, subdivision (b)(1) provides a sentence enhancement for anyone convicted of a felony "committed for the benefit of, at the direction of, or in association with any criminal street gang, with the specific intent to promote, further, or assist in any criminal conduct by gang members." The "for the benefit of . . ." element essentially means that the crime must be "'"gang related."'" (People v. Albillar (2010) 51 Cal.4th 47, 60.)

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