California, United States of America
The following excerpt is from People v. Montes, B256771 (Cal. App. 2015):
Defendant relies heavily on People v. Ramon (2009) 175 Cal.App.4th 843, a case in which a gang enhancement was reversed for insufficient evidence. There, the defendant and a fellow gang member were arrested while driving a stolen vehicle containing an unregistered firearm within their gang's territory. (Id. at pp. 846-847.) The only evidence that the crime had been committed "with the specific intent to promote, further, or assist in any criminal conduct by gang members," the third element (not at issue here) was the gang expert's speculation that a stolen vehicle and unregistered gun could be used by the gang to commit further offenses. (Id. at pp. 847-849.) This was insufficient. (Id. at p. 851.) Ramon is distinguishable. Here, the gang expert did not
Page 8
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.