Does Section 186.22, subdivision (b)(1)(A)(A) of the California Criminal Code apply to a defendant who is convicted of a charge of a violent crime committed for the benefit of, at the direction of or in association with a criminal street gang?

California, United States of America


The following excerpt is from People v. Aguilar, B234797 (Cal. App. 2013):

Section 186.22, subdivision (b)(1)(A), provides that "any person who is convicted of a felony 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," shall receive additional punishment. The jury was so instructed (CALCRIM No. 1401). The enhancement therefore has two prongsthe benefit prong and the intent prong. (People v. Villalobos (2006) 145 Cal.App.4th 310, 322.)

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