California, United States of America
The following excerpt is from The People v. Cooper, B214490, No. NA079743 (Cal. App. 2010):
shooting, was meant to benefit the gang. An opinion that a crime was meant to benefit a gang will justify the enhancement only if it is supported by substantial evidence connecting the defendant's particular crime with the activities of a gang. (People v. Martinez, supra, 116 Cal.App.4th at p. 757.) We find no substantial evidence of such a connection.
Appellant was parked down the street from his father's home, where he was known by the police to stay or reside.6 Although the amount and packaging of the marijuana gave rise to a reasonable inference that appellant possessed the marijuana with the intent to sell it at some time and place, he was not observed selling the drugs while in gang territory. Mere possession of contraband in gang territory does not make the crime gang related. (See People v. Ramon (2009) 175 Cal.App.4th 843, 853.)
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