In what circumstances have courts found that a crime committed by an admitted gang member was committed in association with the crime?

California, United States of America


The following excerpt is from People v. Collins, B230158 (Cal. App. 2011):

In People v. Martinez (2008) 158 Cal.App.4th 1324, the court found that a gang enhancement was supported by substantial evidence where the defendant, an admitted gang member, committed a robbery with a gang confederate, and the expert opined the crime was committed in association with a gang. "'The evidence that defendant knowingly committed the charged crime[] in association with . . . fellow gang members was sufficient to support the jury's findings on the gang enhancements . . . .' [Citation.]" (Id. at p. 1332.) The crime was not committed in gang territory, and defendant did not identify his gang when he committed the crime. Nevertheless, the court concluded that "[t]he record supports a finding the crime was committed 'in association with' the gang with the intent to assist criminal conduct." (Ibid.)

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