Is there any case law where a defendant was convicted of possessing an assault weapon with intent to promote a criminal street gang?

California, United States of America


The following excerpt is from People v. L.A., A127655 (Cal. App. 2011):

weapon. (Id. at pp. 1195-1196, 1199.) In People v. Ramon (2009) 175 Cal.App.4th 843 (Ramon), the prosecution expert witness opined that, based on the fact that defendants were gang members and stopped in gang territory, and their gun and stolen vehicle could be used to commit a crime, the defendants committed the crimes for the benefit of their gang and had the specific intent to promote the gang. (Id. at p. 849.) The court found the facts insufficient to form the basis of an opinion that the defendant acted with specific intent to benefit the gang. (Id. at pp. 851-852; see also id. at p. 853 ["The issue in the gang enhancement context was whether [defendant] was acting with the specific intent of assisting his criminal street gang"].)

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