Can a crime not be found gang related?
California, United States of America
The following excerpt is from People v. Vidrio, E069872 (Cal. App. 2020):
"[A] 'crime may not be found gang related . . . based solely upon the defendant's criminal history and gang affiliations. The crime itself must have some connection with the activities of a gang.' [Citation.]" (People v. Garcia (2016) 244 Cal.App.4th 1349, 1367.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does Defendant's testimony that he had not disposed of the pants that were found in the back of a car that had been found to have been used in a gang-related crime? (California, United States of America)
What is the test for determining whether a defendant's probation conditions must be related to the crime of that same crime? (California, United States of America)
If a jury finds that a person sentenced to death for a crime committed while on death row has not been found guilty of the crime, does this constitute a miscarriage of justice? (California, United States of America)
Can a jury use uncharged crime evidence to determine that defendant was more likely to have committed the charged crimes because he committed the uncharged crimes? (California, United States of America)
Can a person be found liable as an aider and abettor of a crime if they were "concerned" in the commission of the crime? (California, United States of America)
Can a defendant be held criminally responsible as an accomplice not only for the crime he intended to do but also for any other crime that is a natural and probable consequence of the crime? (California, United States of America)
Is a person who aids or abets a crime liable for the crime if the original crime was committed independently by another person? (California, United States of America)
What are some cases where a defendant has been found complicit in murder who was not complicit in the crime at the time of the crime? (California, United States of America)
Is there any case law in which a jury has found that any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt? (California, United States of America)
Is a charged crime a natural and probable consequence of the target crime if the charged crime was reasonably foreseeable? (California, United States of America)
