What is the test for establishing a nexus between a criminal street gang and the underlying crime?

California, United States of America


The following excerpt is from People v. Ramirez, E074402 (Cal. App. 2021):

This case highlights the importance of establishing a nexus between a proven "criminal street gang" and the underlying crime. That is, when the prosecution seeks to prove the gang enhancement should apply to a defendant's conviction, the "evidence must permit the jury to infer that the 'gang' that the defendant sought to benefit, and the 'gang' that the prosecution proves to exist, are one and the same." (People v. Prunty (2015) 62 Cal.4th 59, 75 (Prunty), italics added.)

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