What is the test for establishing that a shooting was committed in association with a criminal street gang?

California, United States of America


The following excerpt is from People v. Hernandez, B276313 (Cal. App. 2017):

Under the circumstances of this case, the evidence that defendant committed the shooting with a fellow gang member inside gang territory is sufficient to support the finding that the crimes were committed in association with a criminal street gang. Where there is no evidence to suggest "a frolic and detour," "the jury [can] reasonably infer the requisite association from the very fact that defendant committed the charged crimes in association with fellow gang members." (People v. Morales (2003) 112 Cal.App.4th

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