California Court of Appeal

The court of appeal declines to adopt the Ninth Circuit's reasoning requiring, for a gang enhancement, that a crime be committed with the intent to enable or further other criminal conduct by the gang, because it conflicts with the plain language of the gang enhancement statute.

Appellate Information

• Decided 08/31/2006
• Published 08/31/2006

Judges

• NICHOLSON, J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Gregory Marshall, Palo Cedro, under appointment by the Court of Appeal, for Defendant and Appellant., Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Jo Graves, Senior Assistant Attorney General, Charles A. French and Brook Bennigson, Deputy Attorneys General, for Plaintiff and Respondent.