How have courts dealt with a challenge to the enhancement of assault with a deadly weapon?

California, United States of America


The following excerpt is from People v. Meza, B250365 (Cal. App. 2015):

On appeal, defendant characterizes this challenge both as instructional error and as insufficient evidence to prove the enhancement. It is uncontested that (1) Ramos was convicted of assault with a deadly weapon and assault with a deadly weapon is a permissible predicate gang crime ( 186.22, subd. (e)(1)), and (2) defendant's conviction in this case was also a permissible predicate gang crime ( 186.22, subd. (e)(3)), and can be used to prove the enhancement (People v. Sengpadychith (2001) 26 Cal.4th 316, 323).

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