People v. Hill

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 the gang enhancement here and (2) the trial court erred in calculating his presentence custody credits. We decline to adopt the Ninth Circuits reasoning because it conflicts with the plain language of the gang enhancement statute. We agree, however, that the trial court improperly calculated presentence custody credits and therefore modify the judgment.