In what circumstances will a defendant be found guilty of attempted murder by reason of gang related violence?

California, United States of America


The following excerpt is from People v. Doby, B233832 (Cal. App. 2013):

A case similar to the instant case is People v. Albarran (2007) 149 Cal.App.4th 214. In Albarran, the defendant and another man fired gunshots at a house where a birthday party was being held. The defendant was an admitted gang member, with gang tattoos and gang graffiti at his house. The shooting took place in the gang's territory. The gang expert testified that the shooting was gang related because of the location in which it took place; there was more than one shooter; and it occurred at a party, and gang members often commit crimes at parties. In addition, the shooters would gain respect because it would be known on the street who the shooter were. (Id. at pp. 219-221.)

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