What is the test for reversal of a conviction under section 186.22 of the California Criminal Code when a defendant has been convicted of a charge of criminal activity committed for the benefit of a criminal street gang?

California, United States of America


The following excerpt is from People v. Perez, B279779 (Cal. App. 2018):

In evaluating a claim the evidence is insufficient to support a true finding on an allegation, we review the entire record in the light most favorable to the judgment to determine "'whether it discloses substantial evidencethat is, evidence which is reasonable, credible, and of solid valuesuch that a reasonable trier of fact could find the defendant guilty beyond a reasonable doubt.' [Citation.]" (People v. Hillhouse (2002) 27 Cal.4th 469, 496.) "We draw all reasonable inferences in support of the judgment. [Citation.]" (People v. Wader (1993) 5 Cal.4th 610, 640.) Reversal is not warranted unless it appears "'that upon no hypothesis whatever is there sufficient substantial evidence to support [the conviction].' [Citation.]" (People v. Bolin (1998) 18 Cal.4th 297, 331.)

Section 186.22, subdivision (b)(4) applies to "[a]ny person who is 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[.]" Application of the gang enhancement "does not depend on membership in a gang at all." (People v. Albillar (2010) 51 Cal.4th 47, 67-68.)

Other Questions


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)
Can a defendant be convicted of both counts of membership of a criminal street gang and a charge of criminal activity under section 654 of the California Criminal Code? (California, United States of America)
Does Section 186.22, subdivision (b)(1)(1) of the California Criminal Code apply to a person convicted of a criminal street crime committed for the benefit of, at the direction of, or in association with any criminal street gang? (California, United States of America)
Does section 27 of the California Criminal Code, section 778a, subdivision (a)(1) of the Criminal Code of California apply to a defendant who is charged with a charge of conspiracy to commit a crime committed outside of the state? (California, United States of America)
Does Section 186.22, subdivision (b)(1)(A)(A) of the California Criminal Code apply to a defendant who is convicted of a charge of a violent crime committed for the benefit of, at the direction of or in association with a criminal street gang? (California, United States of America)
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)
Does section 186.22, subdivision (b)(1)(C) of the California Criminal Code apply to a convicted felon who was convicted of a violent crime committed for the benefit of a criminal street gang? (California, United States of America)
Does Section 186.22, subdivision (d) of the California Criminal Code provide a sentence enhancement for a defendant who is convicted of a public crime committed for the benefit of, at the direction of or in association with a criminal street gang? (California, United States of America)
Does Section 186.22, subdivision (b)(1) of the California Criminal Code apply to a defendant who was convicted of a crime committed for the benefit of a criminal street gang? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.