Is there insufficient evidence to support a charge that defendant possessed the methamphetamine, the firearms, or the ammunition found in his bedroom "collectively" with gang members?

California, United States of America


The following excerpt is from People v. Crawford, B267354 (Cal. App. 2016):

and ammunition possession crimes for which he was charged."5 He contends none of the persons in the house was identified as a San Fer gang member and there was no evidence that he was "working with any other person who was identified as a member of his gang." Because there was no evidence that any of the persons found in the 12932 Maclay Street residence was a gang member, there was insufficient evidence to support the charge that defendant possessed the methamphetamine, the firearms, or the ammunition found in his bedroom "collectively" with gang members or that he conspired with gang members to possessed that contraband. (People v. Rodriguez, supra, 55 Cal.4th at pp. 1130, 1139.)

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