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.