What is the test for the enhancement of a Class A felony to include a specific intent to promote, further or assist in any criminal conduct by gang members?
California, United States of America
The following excerpt is from People v. Mejia, G049509 (Cal. App. 2015):
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." There are two elements the prosecution must establish to support a true finding on this enhancement: "[T]he underlying crime was 'committed for the benefit of, at the direction of, or in association with any criminal street gang' (the gang-related prong), [and] 'with the specific intent to promote, further, or assist in any criminal conduct by gang members' (the specific intent prong)." (People v. Rios (2013) 222 Cal.App.4th 542, 564.) Defendant contends the evidence fails to support either element. We disagree.
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