Is there a gang enhancement for a crime committed by a "lone actor" for the benefit of a gang?
California, United States of America
The following excerpt is from People v. Ibanez, E068427, E068486, E068488, E068489 (Cal. App. 2019):
Assuming defendant's passenger was not a gang member, the People correctly point out, a "lone actor" may commit a crime "for the benefit of" a gang and with the specific intent to promote any criminal conduct by gang members. (People v. Rodriguez (2012) 55 Cal.4th 1125, 1138-1139.) Thus, a gang enhancement may apply to a crime that is aided and abetted by a gang member but perpetrated by a nongang memberas
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