Does Section 186.22, subdivision (d) of the California Criminal Code provide a sentence enhancement for a defendant who is convicted of a public 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. Resendez, 2d Crim. No. B256614 (Cal. App. 2015):

Section 186.22, subdivision (d) provides a sentence enhancement for "[a]ny person who is convicted of a public offense punishable as a felony or a misdemeanor, which is 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 set forth in section 186.22, subdivision (b), containing identical relevant language, may be established by proof of gang-related conduct by a lone actor. (People v. Rodriguez (2012) 55 Cal.4th 1125, 1138-1139 [lead opinion]; Id. at pp. 1140-1141 (conc. opn. of Baxter, J.).)

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