Does Section 186.22, subdivision (b)(1) of the California Criminal Code apply to a defendant who was convicted of a crime committed for the benefit of a criminal street gang?

T.Tu. contends there was insufficient evidence to support the allegations that the crimes were committed for the benefit of, at the direction of, or in association with a criminal street gang. Section 186.22, subdivision (b)(1) provides enhanced punishment for "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...." In order to be subject to this enhancement, "the prosecution must prove that the crime for which the defendant was convicted had been '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.' " (People v. Gardeley (1996) 14 Cal.4th 605, 616-617, italics added.)

T.Tu. argues that, while there may have been evidence that he was a member of a criminal street gang, there was insufficient evidence that the offenses were committed for the benefit of that gang. In People v. Perez (1981) 114 Cal.App.3d 470, on which T.Tu. relies, the defendant argued that the trial court erred by admitting evidence that he was a member of a criminal street gang. (Id. at p. 476.) The appellate court found that the

Page 12