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PEOPLE v. HILL

No. C050155.

47 Cal.Rptr.3d 875 (2006)

142 Cal.App.4th 770

The PEOPLE, Plaintiff and Respondent, v. Kenneth HILL, Defendant and Appellant.

Court of Appeal of California, Third District.

August 31, 2006.

Attorney(s) appearing for the Case

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.

Certified for Partial Publication.*

NICHOLSON, J.

Defendant made a criminal threat for the benefit of a criminal street gang. Sentenced to prison, he appeals, contending (1) we should apply a Ninth Circuit Court of Appeals decision requiring, for a gang enhancement, that the crime be committed with the intent to enable or further other criminal conduct by the gang and therefore find there was insufficient evidence to support...

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