P. v. Floyd CA3
A jury found defendant Jeffrey Vaughn Floyd guilty of being a felon in possession of a firearm, along with a gang enhancement for committing the crime for the benefit of and in association with a criminal street gang. With a strike and enhancements, he was sentenced to an aggregate 13-year term.
Defendant contends insufficient evidence supported the gang enhancement. He maintains that his possession of a firearm -- as a rap artist, making a rap video -- was intended to facilitate his art and thus was not possessed for the benefit of and/or in association with a criminal street gang with the intent to promote, further or assist in any criminal conduct by gang members.
In an unpublished opinion, we concluded that substantial evidence supported defendant’s gang enhancement. (People v. Floyd (Nov. 17, 2021, C089078) [nonpub. opn.].)
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