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People v. Albillar, S163905

By FindLaw Staff on December 21, 2010 11:09 AM
Convictions of defendants for sex and gang related offenses

People v. Albillar, S163905, concerned defendants' challenge to their convictions for sex offenses, active participation in a criminal street gang, and jury's finding that the sex offenses were committed for the benefit of, at the direction of, or in association with a criminal street gang with the specific intent to promote, further, or assist in any criminal conduct by gang members.

In affirming the convictions, the court held that the substantive offense defined by Penal Code section 186.22(a), which punishes "any person who actively participates in any criminal street gang with knowledge that its members engage in or have engaged in a pattern of criminal gang activity, and who willfully promotes, furthers, or assists in any felonious criminal conduct by members of that gang," does not include an unwritten requirement that the "felonious criminal conduct" that is promoted, furthered, or assisted be gang related.  The court also held that the offenses were committed for the benefit of and in association with the gang.  Lastly, the court held that, in accordance with the plain language of the enhancement, the scienter element of the enhancement requires only the specific intent to promote, further, or assist in any criminal conduct by gang members.

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