The People intend on using a gang expert in order to prove that the commission of the underlying crime was done, at least in part, for the benefit of the gang. In (1994) 31 People v. Olguin Cal.App.4th 1355, the appellate court conducted an exhaustive analysis of whether a crime was committed for the benefit of a gang. The underlying incident was a contracted shooting which was precipitated by the crossing-out of gang graffiti. stated that "it is difficult to imagine a clearer Olguin need for expert explication." at p. 1384. The court found that if the crime promoted "respect" for Id. the gang or its members, a sufficient benefit has accrued to the gang and the underlying crime is sufficient for 186.22(b)(1) enhancement. In 14 Cal.4th at p. 620, the court relied Gardeley, supra, upon expert testimony that an assault by gang members on a non-gang member in the gang's territory was a of gang-related The court found that a collateral result of Gardeley “‘classic’ example activity.” this assault was that local residents would be frightened by the activity, and this collateral, unintended and incidental consequence of the commission of the underlying crime was sufficient to establish a benefit to the gang. Ibid. This element is also satisfied if the offense was committed in association with any criminal street gang. In (1997) 57 Cal.App.4th 201, 202-08, the court found a crime to be People v. Ramon T. committed in association with a criminal street gang based solely on testimony that several gang members acted in concert. More recently, in (2003) 112 Cal.App.4th 1176, 1198, People v. Morales the court stated that even though the typical case may be where one gang member commits a crime alone while intending to benefit the gang, the requires that the crime be “crucial element, however, committed (1) for the benefit of, (2) at the direction of, or (3) in association with a In the gang.” present case, the People will seek to prove that the defendant committed the underlying offense to benefit the FTB gang. SPECIFIC INTENT TO PROMOTE, FURTHER, OR ASSIST IN ANY CRIMINAL CONDUCT BY GANG MEMBERS
The People intend on using a gang expert in order to prove that the commission of the underlying crime was done, at least in part, for the benefit of the gang. In People v. Olguin (1994) 31 Cal.App.4th 1355, the appellate court conducted an exhaustive analysis of whether a crime was committed for the benefit of a gang. The underlying incident was a contracted shooting which was precipitated by the crossing-out of gang graffiti. Olguin stated that "it is difficult to imagine a clearer need for expert explication." Id. at p. 1384. The court found that if the crime promoted "respect" for the gang or its members, a sufficient benefit has accrued to the gang and the underlying crime is sufficient for 186.22(b)(1) enhancement. In Gardeley, supra, 14 Cal.4th at p. 620, the court relied upon expert testimony that an assault by gang members on a non-gang member in the gang's territory was a “‘classic’ example of gang-related activity.” The Gardeley court found that a collateral result of this assault was that local residents would be frightened by the activity, and this collateral, unintended and incidental consequence of the commission of the underlying crime was sufficient to establish a benefit to the gang. Ibid. This element is also satisfied if the offense was committed in association with any criminal street gang. In People v. Ramon T. (1997) 57 Cal.App.4th 201, 202-08, the court found a crime to be committed in association with a criminal street gang based solely on testimony that several gang members acted in concert. More recently, in People v. Morales (2003) 112 Cal.App.4th 1176, 1198, the court stated that even though the typical case may be where one gang member commits a crime alone while intending to benefit the gang, the “crucial element, however, requires that the crime be committed (1) for the benefit of, (2) at the direction of, or (3) in association with a gang.” In the present case, the People will seek to prove that the defendant committed the underlying offense to benefit the FTB gang. SPECIFIC INTENT TO PROMOTE, FURTHER, OR ASSIST IN ANY CRIMINAL CONDUCT BY GANG MEMBERS