Does section 186.22(b)(1) of the Criminal Code of California apply to gang members who are not members of a criminal gang?
California, United States of America
The following excerpt is from People v. Gonzalez, B279128 (Cal. App. 2018):
further or assist in criminal activity by gang members." However, the substantial evidence test is a poor fit for this argument, which rests on the premise that section 186.22(b)(1) may apply only when two or more gang members are present. Whether that premise is accurate is a question of statutory interpretation, which we review de novo. (People v. Prunty (2015) 62 Cal.4th 59, 71.)
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