California, United States of America
The following excerpt is from People v. Collins, B230158 (Cal. App. 2011):
In People v. Martinez (2008) 158 Cal.App.4th 1324, the court found that a gang enhancement was supported by substantial evidence where the defendant, an admitted gang member, committed a robbery with a gang confederate, and the expert opined the crime was committed in association with a gang. "'The evidence that defendant knowingly committed the charged crime[] in association with . . . fellow gang members was sufficient to support the jury's findings on the gang enhancements . . . .' [Citation.]" (Id. at p. 1332.) The crime was not committed in gang territory, and defendant did not identify his gang when he committed the crime. Nevertheless, the court concluded that "[t]he record supports a finding the crime was committed 'in association with' the gang with the intent to assist criminal conduct." (Ibid.)
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