Is a crime committed in association with a gang if the parties relied on their common gang membership and the apparatus of the gang in committing the crimes?

California, United States of America

The following excerpt is from People v. Alvarez, H045451 (Cal. App. 2020):

A crime is committed in association with a gang if the "defendants relied on their common gang membership and the apparatus of the gang in committing" them. (People v. Albillar (2010) 51 Cal.4th 47, 60.) "A trier of fact can rationally infer a crime was committed 'in association' with a criminal street gang within the meaning of section 186.22, subdivision (b) if the defendant committed the offense in concert with gang members." (People v. Leon (2016) 243 Cal.App.4th 1003, 1021.)

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