What are the elements of a close case?
California, United States of America
The following excerpt is from People v. Jordan, E073432 (Cal. App. 2020):
As to the first element, it "may be established with substantial evidence that two or more gang members committed the crime together, unless there is evidence that they were 'on a frolic and detour unrelated to the gang.'" (People v. Weddington (2016) 246 Cal.App.4th 468, 484.) Thus, "the typical close case is one in which one gang member, acting alone, commits a crime." (People v. Morales (2003) 112 Cal.App.4th 1176, 1198.)
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