What is the test for establishing that a defendant is a member of a criminal street gang?

California, United States of America


The following excerpt is from People v. Salazar, G048144 (Cal. App. 2015):

Defendant's claim fails because he cannot establish prejudice even were we to assume counsel was deficient, which we do not. First, the stipulation defendant claims establishes his attorney ineffectiveness was replaced by a different stipulation that did not have the same effect. The replacement stipulation was not the functional equivalent of admitting all the elements of actively participating in a criminal street gang. Instead, defendant stipulated his gang qualifies as a criminal street gang, he was an active participant, and he knew his gang engaged in a pattern of criminal gang activity. Even with the stipulation, the prosecutor had to prove beyond a reasonable doubt defendant willfully promoted, furthered, or assisted in felonious criminal conduct by members of the gang. (See People v. Albillar, supra, 51 Cal.4th at p. 56.)

Other Questions


Is a member of a street gang who actively participates in any criminal street gang with knowledge that its members engage in criminal gang activity liable for criminal activity? (California, United States of America)
Does Section 186.22 of the California Criminal Code punish a person who actively participates in any criminal street gang with knowledge that its members engage in or have engaged in criminal gang activity? (California, United States of America)
What is the test for establishing that a criminal street gang is a "criminal street gang"? (California, United States of America)
What is the test for establishing that a criminal street gang is a "criminal street gang"? (California, United States of America)
Can an active participant in a criminal street gang who knows its members engage in criminal gang activity be convicted of street terrorism? (California, United States of America)
What is the test for establishing that a criminal street gang is a "criminal street gang"? (California, United States of America)
What is the test for establishing that a criminal street gang is a "criminal street gang"? (California, United States of America)
Is a person who actively participates in any criminal street gang with knowledge that its members engage in or have engaged in criminal gang activity a criminal offence? (California, United States of America)
Does Section 186.22, subdivision of the Criminal Code, make it a felony for actively participate in a criminal street gang with knowledge that its members engage in or have engaged in a pattern of criminal gang activity? (California, United States of America)
What constitutes a substantive offense under Section 186.22 of the California Criminal Code for "participating in any criminal street gang with knowledge that its members engage in or have engaged in criminal gang activity"? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.