Does Section 186.22, subdivision (b)(1)(1) of the California Criminal Code apply to a charge of membership of a criminal street gang?
California, United States of America
The following excerpt is from People v. Chavira, E061078 (Cal. App. 2015):
Section 186.22, subdivision (b)(1) authorizes a sentence enhancement to felonies committed "for the benefit of, at the direction of, or in association with any criminal street gang." (People v. Sengpadychith (2001) 26 Cal.4th 316, 319.) Section 186.22, subdivision (f) defines a criminal street gang as "any ongoing organization, association, or group of three or more persons, whether formal or informal" that has as one of its "primary activities" the commission of one or more statutorily enumerated criminal offenses and that, through its members, engages in a "pattern of criminal gang activity." (People v. Sengpadychith, supra, at pp. 319-320.) Thus, when the prosecution alleges a
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