California Court of Appeal

A crime may not be found to be "gang related" within the meaning of Penal Code section 186.30 solely on the basis of the defendant's criminal history and gang affiliations. The crime must itself have been committed for the benefit of, at the direction of, or in association with a street gang.

Appellate Information

• Decided 03/05/2004
• Published 03/05/2004

Judges

• SWAGER, J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
•  Christine Dubois, Santa Rosa, under appointment by the Court of Appeal, for Defendant and Appellant., Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gerald A. Engler, Senior Assistant Attorney General, Martin S. Kaye, Supervising Deputy Attorney General, Michael E. Banister, Deputy Attorney General, for Plaintiff and Respondent.