What is the test for "committed for the benefit of, at direction of or in association with" a criminal street gang?
California, United States of America
The following excerpt is from People v. Guevara, B280411 (Cal. App. 2018):
The first element"committed for the benefit of, at the direction of, or in association with" a criminal street gangrequires that the crime be gang-related. (People v. Albillar (2010) 51 Cal.4th 47, 60.) A crime is committed in association with a criminal street gang when gang members rely on their common gang membership and gang apparatus in committing the offense. (Ibid.) A crime is committed in association with a gang when gang members act together, actively assist each other, and rely on each other. (Id. at pp. 60-62.)
A crime is committed for the benefit of a criminal street gang when it elevates the individual status of gang members and the reputation of the gang as a whole. (People v. Albillar, supra, 51 Cal.4th at pp. 63-64.) "Expert opinion that particular criminal conduct benefited a gang by enhancing its reputation for viciousness can be sufficient to raise the inference that the conduct was 'committed for the benefit of . . . a[] criminal street gang' within the meaning of section 186.22[, subdivision] (b)(1). [Citations.]" (People v. Albillar, supra, 51 Cal.4th at p. 63.)
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