What is the range of sentences available under Section 186.22, subdivision (b)(1) of the California Criminal Code for a person convicted of a violent 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. Butler, D068137 (Cal. App. 2016):
Section 186.22, subdivision (b)(1) prescribes a sentencing enhancement for "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." A gang enhancement under this statute contains two distinct prongs. (People v. Albillar (2010) 51 Cal.4th 47, 59.) The first prong requires a finding that the crime was "gang related" in the sense of being for the benefit of, at the direction of, or in association with a gang. (Id. at p. 60.) The second
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