Does Section 186.22, subdivision (b) of the California Criminal Code apply to a person who is convicted of a felony 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. Vizcarra, G050645 (Cal. App. 2016):
Section 186.22, subdivision (b), provides additional punishment for a "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 . . . ." The enhancement applies only if the felony offense is gang related. (People v. Gardeley (1996) 14 Cal.4th 605, 622.)
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