What is the test for the enhancement of a criminal offence to include a gang element?

California, United States of America


The following excerpt is from People v. Enriquez, F073236 (Cal. App. 2018):

"To prove the [gang] enhancement with respect to an offense, the prosecution must show that offense was '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 ....' ( 186.22, subd. (b)(1).) 'The enhancement ... requires proof that the defendant commit a gang-related crime ....' [Citation.]" (People v. Pettie (2017) 16 Cal.App.5th 23, 50.)

Other Questions


Is a criminal offence punishable by multiple convictions for multiple offences punishable by the same criminal offence against the same defendant concurrent with one criminal offence? (California, United States of America)
What is the test for the enhancement of a criminal offence to include a gang element? (California, United States of America)
What is the test for the definition of a criminal offence under the Criminal Code of Criminal Procedure? (California, United States of America)
Is a defendant's admission of an enhancing allegation valid even if it does not include a specific admission of every factual element required to establish the enhancement? (California, United States of America)
Does section 654 of the California Criminal Code apply to a criminal threat enhancement attached to the criminal threats charge? (California, United States of America)
When there is substantial evidence that a element of the charged offense is missing but that the accused is guilty of a lesser included offence, what is the test for instructing the jury to convict the accused of the same offence? (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 a new criminal conviction for a charge of possession of a drug with intent to commit a criminal offence violate subdivision (e) of the Criminal Code? (California, United States of America)
Is a criminal offence punishable by section 654 (a) of the Criminal Code of Ontario's Criminal Code punishable by Section 654, subdivision (a), punishable by the same law, punishable by a different law? (California, United States of America)
What is the test for determining whether a criminal offence is necessarily included in the criminal code? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.