Is there any case law where the allegation of a criminal gang was dismissed because the allegation was disjunctive?
California, United States of America
The following excerpt is from People v. Superior Court, E074306 (Cal. App. 2020):
are disjunctive; if the evidence supported either, we must reverse the trial court order dismissing the gang allegations. (People v. Weddington (2016) 246 Cal.App.4th 468, 484 ["Because the first prong is worded in the disjunctive, a gang enhancement may be imposed without evidence of any benefit to the gang so long as the crime was committed in association with or at the direction of another gang member"].)
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