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Name: People v. Augborne
Case #: B154786
Court: CA Court of Appeal
District 2 DCA
Division: 5
Opinion Date: 12/16/2002
Subsequent History: 1/13/03 modified opn. & rehrg. den.; 4/9/03 rev. den.

Appellant challenged the sufficiency of evidence to support a gang enhancement pursuant to Penal Code section 186.22, based on the fact that there was no evidence that the perpetrators of the predicate acts were gang members when the offenses were committed. The appellate court here rejected that argument. The prosecutor has no duty to prove that the two or more persons perpetrating the predicate offenses were gang members at the time of the offense. The predicate offenses need not have been committed for the benefit of or in association with the gang. [11.C.11.] Only one 12022.1 on bail enhancement could be imposed. Enhancements which describe the nature of the offender, as opposed to the offense, can only be imposed once in a particular case.