What are the elements required to establish a gang enhancement?

California, United States of America


The following excerpt is from People v. Saldana, B280748 (Cal. App. 2018):

6. There are a number of other elements that must be proven to establish the gang enhancement (see People v. Rios (2013) 222 Cal.App.4th 542, 564, fn. 10 (Rios)), but defendant has not challenged the jury's findings as to those elements.

Other Questions


Is a defendant's admission of an alleged enhancement valid even if it does not include specific admissions of every factual element required to establish the enhancement? (California, United States of America)
Is a defendant's admission of an enhancing allegation valid even if it does not include a specific admission of every factual element required to establish the enhancement? (California, United States of America)
What is the test for establishing that a property must be subject to some "slight movement" to establish an element in the definition of an element? (California, United States of America)
Does a jury need to be told that the element of offense is not a given, not a required element, and that the omission of that element is a harmless error? (California, United States of America)
What are the elements required to establish that a shooting was gang-related? (California, United States of America)
Does a trial court have a duty to give an instruction that the prosecution substantially relies on circumstantial evidence to establish any element of the crime including the element of intent? (California, United States of America)
Does the prosecution have to avoid using relevant, persuasive evidence to prove an element of a crime because that element might also be established through other evidence? (California, United States of America)
Does section 654 of the California Criminal Code require a domestic violence enhancement or a great bodily injury enhancement? (California, United States of America)
What is the test for a motion to dismiss a motion where the opposing party failed to establish that one or more elements of the cause of action cannot be established? (California, United States of America)
What is the test for a motion to dismiss a motion where the opposing party has failed to establish that one or more elements of the cause of action cannot be established? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.