What is the test for section 186.22(b)(1) of the California Criminal Code when it comes to gang related crimes?
California, United States of America
The following excerpt is from People v. Mancera, B233107 (Cal. App. 2012):
With respect to the enhancement at issue here, section 186.22, subdivision (b)(1) requires that the crime be 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 criminal conduct by gang members." The enhancement applies only to felonies that are "gang related." (People v. Albillar (2010) 51 Cal.4th 47, 60.)
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