California, United States of America
The following excerpt is from People v. Ramirez, H040730 (Cal. App. 2017):
The prosecution has "significant discretion" in how it proves this connection. (Prunty, supra, 62 Cal.4th at p. 67.) The evidence "need not be direct, and it need not show frequent communication or a hierarchical relationship among the members who communicate." (Id. at p. 78.) "But it is not enough . . . that the group simply shares a common name, common identifying symbols, and a common enemy." (Id. at pp. 72, 76.) "Evidence of a common viewpoint also fails to show that subsets have any other
Page 14
relationship that unites them." (Id. at p. 75; see People v. Williams (2008) 167 Cal.App.4th 983, 988.)
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.