Can a crime committed for the benefit of a criminal street gang be sufficient to raise the inference that the crime was committed by a gang by enhancing its reputation for viciousness?
California, United States of America
The following excerpt is from People v. Bengoa, G048244 (Cal. App. 2014):
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.'" (Italics added.) (See also People v. Hill (2011) 191 Cal.App.4th 1104, 1112 [evidence that "crimes enhance the gang's reputation and benefit it monetarily" supported a determination that the gang qualified as a criminal street gang for purposes of the statute] italics added.)
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