Is a defendant subject to sentencing enhancements if he is convicted of a 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. Madrigal, D073126 (Cal. App. 2018):

A defendant may be subject to sentencing enhancements if he is convicted of "a felony committed for the benefit of, at the direction of, or in association with a[ ] criminal street gang." ( 186.22, subd. (b).) A "criminal street gang" is "any ongoing organization, association, or group of three or more persons" that, among other things, has "members [who] individually or collectively engage in, or have engaged in, a pattern of criminal gang activity." ( 186.22, subd. (f).) A "pattern of criminal gang activity" exists when gang members have been convicted of "two or more" statutorily enumerated predicate offenses within three years of each other. ( 186.22, subd. (e).) Also, among other elements, a prosecutor must prove that a defendant was an active participant in a criminal street gang to obtain a conviction under the substantive street terrorism offense. (See People v. Lamas, supra, 42 Cal.4th 516, 524.)

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