California, United States of America
The following excerpt is from HE PEOPLE v. D.B., A124499, No. JW07-6813 (Cal. App. 2010):
In People v. Morales (2003) 112 Cal.App.4th 1176, 1198, the defendant argued that the evidence showed only that the three defendants belonged to the same gang. The court rejected that claim. "Arguably, such evidence alone would be insufficient, even when supported by expert opinion, to show that a crime was committed for the benefit of a gang. The crucial element, however, requires that the crime be committed (1) for the benefit of, (2) at the direction of, or (3) in association with a gang.... Admittedly, it is conceivable that several gang members could commit a crime together, yet be on a frolic and detour unrelated to the gang. Here, however, there was no evidence of this. Thus, the jury could reasonably infer the requisite association from the very fact that defendant committed the charged crimes in association with fellow gang members." (Ibid.)
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