People v. Hernandez

Opinion

CHIN, J.

The punishment for certain crimes can be enhanced if the crime involves a criminal street gang. (Pen. Code, § 186.22, subd. (b)(1); 1 see generally People v. Gardeley (1996) 14 Cal.4th 605 [59 Cal.Rptr.2d 356, 927 P.2d 713].) To establish this criminal street gang enhancement, the prosecution must prove some facts in addition to the elements of the underlying crime, for example, that the criminal street gang has engaged in a “pattern of criminal gang activity.” (§ 186.22, subds. (e) and (f).) Accordingly, when the prosecution charges the criminal street gang enhancement, it…