Is there any evidence supporting a finding that the crime was committed for the benefit or association of a criminal street gang?
California, United States of America
The following excerpt is from People v. Doby, B233832 (Cal. App. 2013):
Outside of Officer Coffee's testimony, the record does not provide any "evidentiary support, other than merely the defendant's record of prior offenses and past gang activities or personal affiliations, for a finding that the crime was committed for the benefit of, at the direction of, or in association with a criminal street gang." (People v. Martinez, supra, 116 Cal.App.4th at p. 762, italics omitted.) Therefore, the gang enhancements must be reversed.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What evidence is sufficient to support an expert's opinion that a crime committed by Grape Street was committed in association with the gang or benefitted the gang? (California, United States of America)
What is the test for a finding that a defendant committed a crime for the benefit of, at the direction of or in association with a criminal street gang and with the specific intent to benefit the gang? (California, United States of America)
Does Section 186.22, subdivision (b)(1)(1) of the California Criminal Code apply to a person convicted of a criminal street crime committed for the benefit of, at the direction of, or in association with any criminal street gang? (California, United States of America)
In what circumstances will the court find sufficient evidence to find that the crime was committed for the benefit of a criminal street gang? (California, United States of America)
What is the appropriate sentence for a convicted member of a street gang who is convicted of a crime committed for the benefit of, at the direction of or in association with any criminal street gang? (California, United States of America)
Can a crime committed for the benefit of a criminal street gang be sufficient to raise the inference that the crime was committed by a gang by enhancing its reputation for viciousness? (California, United States of America)
Is there sufficient evidence to support the jury's finding that the California Criminal Street Gang is a criminal street gang? (California, United States of America)
Does Section 186.22, subdivision (b)(1) of the Criminal Code apply to a lone gang member who commits a crime committed for the benefit of a criminal street gang? (California, United States of America)
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)
Does Section 186.22, subdivision (b)(1)(A)(A) of the California Criminal Code apply to a defendant who is convicted of a charge of a violent crime committed for the benefit of, at the direction of or in association with a criminal street gang? (California, United States of America)
