What is the basis for a defendant's claim that there is insufficient evidence to support his gang crime conviction?
California, United States of America
The following excerpt is from People v. Zarate, H039134 (Cal. App. 2015):
Relying on People v. Rodriguez (2012) 55 Cal.4th 1125 (Rodriguez) defendant contends that there was insufficient evidence to support his gang crime conviction. Specifically, he argues that no substantial evidence supported the third element of the section 186.22, subdivision (a) offense. We agree.
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