Can a crime committed by two or more gang members fall outside the gang statute?
California, United States of America
The following excerpt is from The People v. Solomon, B218756, Los Angeles County Super. Ct. No. KA085671 (Cal. App. 2010):
12. Morales suggested it was possible that a crime committed by two or more gang members fell outside the gang statute if they were on a "frolic and detour unrelated to the gang." (People v. Morales, supra, 112 Cal.App.4th at p. 1198.) Defendants do not argue that the robberies and assaults were such a frolic and detour.
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