Gang Enhancement When Member of Gang Acts Alone in Committing Felony?
January 11th, 2022

Review was granted in People v. Renteria (Jan. 5, 2021, F076973) [nonpub. opn.], review granted 4/14/2021 (S266854) to consider whether the
evidence was sufficient to support the criminal Street gang enhancements imposed under Penal Code section 186.22, subdivision (b).

On 4/21/2021, the court ordered the issues to be briefed and argued in this case limited to the following: When a member of a criminal street gang acts alone in committing a felony, what evidence will suffice to establish the felony was “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”? (Pen. Code, § 186.22, subd. (b)(1); see People v. Albillar (2010) 51 Cal.4th 47, 59-60.)

Review on this issue has also been granted with briefing deferred in:

  • People v. Williams (Jan. 28, 2021, B301325) [nonpub. opn.], review granted 4/28/2021 (S267503)
  • People v. Vidales (Feb. 23, 2021, C088685) [nonpub. opn.], review granted 5/12/2021 (S267864)
  • People v. Castillo (Mar. 23, 2021, B301982) [nonpub. opn.], review granted 6/9/2021 (S268385)
  • People v. Ponce (Mar. 11, 2021, A155368) [nonpub. opn.], review granted 6/9/2021 (S267898)
  • People v. Mendez (Mar. 30, 2021, B305404) [nonpub. opn.], review granted 6/23/2021 (S268538)
  • People v. Cyrus (May 11, 2021, E075271) [nonpub. opn.], review granted 7/14/2021 (S269251)
  • People v. Braggs (May 27, 2021, B301727) [nonpub. opn.], review granted 8/11/2021 (S269678)
  • People v. Mays (June 8, 2021, B302559) [nonpub. opn.], review granted 8/11/2021 (S269376)
  • People v. Prescott (July 16, 2021, D076420) [nonpub. opn.], review granted 9/22/2021 (S270470)

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