What are the consequences of the jury's finding of gang enhancement allegations in the case of the alleged assault with firearm and possession of a firearm by a felon?

California, United States of America


The following excerpt is from People v. Holliday, B284342 (Cal. App. 2019):

As noted, the jury found true the gang enhancement allegations under section 186.22, subdivision (b)(1) as to the attempted murder count, the possession of a firearm by a felon count, and the assault with firearm on Peyton count. "[S]ection 186.22(b)(1) . . . provides: '[A]ny 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, shall, upon conviction of that felony, in addition and consecutive to the punishment prescribed for the felony or attempted felony of which he or she has been convicted, be punished . . . .'" (People v. Albillar (2010) 51 Cal.4th 47, 59.)

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