California, United States of America
The following excerpt is from People v. Ibanez, E068427, E068486, E068488, E068489 (Cal. App. 2019):
"Expert opinion that particular criminal conduct benefited a gang by enhancing its reputation for viciousness can be sufficient to raise the inference that the conduct was 'committed for the benefit of . . . a[] criminal street gang.'" (People v. Albillar (2010) 51 Cal.4th 47, 63.) At the same time, however, "[n]ot every crime committed by gang members is related to a gang." (Id. at p. 60.) Nor is every violent crime committed by a gang member in gang territory related to a gang. (People v. Ramirez (2016) 244 Cal.App.4th 800, 805, 818-820 [gang enhancement was not supported by substantial evidence even though attempted murder and assault were committed by gang members or
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