California, United States of America
The following excerpt is from People v. Soriano, 279 Cal.Rptr.3d 569, 65 Cal.App.5th 278 (Cal. App. 2021):
A defendant who commits a felony "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" is subject to enhanced sentencing. ( 186.22, subd. (b).) However, a "gang enhancement cannot be sustained based solely on defendant's status as a member of the gang and his subsequent commission of crimes." ( People v. Ochoa (2009) 179 Cal.App.4th 650, 663, 102 Cal.Rptr.3d 108.)
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