California, United States of America
The following excerpt is from People v. Miles, F073729 (Cal. App. 2018):
Defendant claims the evidence is insufficient to establish he was in a "criminal street gang" as required for the special circumstance allegation and gang enhancements. He argues no evidence showed that the predicate offenses were committed by his gang, H-mob, and nothing showed "an organizational connection" between H-mob and the Crips. He asserts no evidence showed that H-mob and the Crips "were united in any criminal activities." He relies on People v. Prunty (2015) 62 Cal.4th 59 (Prunty) to establish error. In the alternative, if a criminal street gang was established, he contends substantial evidence did not support the gang enhancement in counts 2 and 3.
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