California, United States of America
The following excerpt is from The People v. Josue H, B219076, No. FJ45837 (Cal. App. 2010):
Section 186.22, subdivision (b)(1), provides: "Except as provided in paragraphs (4) and (5), any 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" with an enhanced sentence. The gang enhancement requires proof of two elements: (1) that the felony was committed for the benefit of, at the direction of, or in association with any criminal street gang; and (2) that the defendant harbored the requisite intent. (People v. Gardeley (1996) 14 Cal.4th 605, 623-624.)
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