Briceno

At the March 7, 2000 Primary Election, the California electorate passed Proposition 21, the Gang Violence and Juvenile Crime Prevention Act of 1998. Proposition 21 made significant changes in the law concerning gang-related crime. In this case, we decide whether Penal Code section 1192.7, subdivision (c)(28) (section 1192.7(c)(28)), which adds to the list of serious felonies “any felony offense, which would also constitute a felony violation of Section 186.22,” applies only to the substantive offense of active participation in a criminal street gang defined in section 186.22, subdivision (a) (section 186.22(a)), or whether it also applies to any felony offense committed for the benefit of a criminal street gang, as defined in the section 186.22, subdivision (b)(1) (section 186.22(b)(1)) gang sentence enhancement.

For the reasons stated below, we conclude that the definition of “serious felony” in section 1192.7(c)(28) also includes “any felony offense” that was committed for the benefit of a criminal street gang within the meaning of section 186.22(b)(1). We reverse the judgment only insofar as the Court of Appeal reversed the trial court’s finding that defendant had…