What is the test for a finding that a defendant committed a crime for the benefit of, at the direction of or in association with a criminal street gang and with the specific intent to benefit the gang?
California, United States of America
The following excerpt is from The People v. Iniquez, B216516, No. MA041780 (Cal. App. 2010):
To support a finding that a defendant committed a crime for the benefit of, at the direction of, or in association with a criminal street gang, and with the specific intent to promote, further, or assist in criminal conduct by gang members, evidence supporting "specific intent to benefit the gang is not required. What is required is the specific intent to promote, further, or assist in any criminal conduct by gang members." (People v. Morales (2003) 112 Cal.App.4th 1176, 1198; Pen. Code, 186.22, subd. (b)(1).)
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