In what circumstances will the court find sufficient evidence to find that the crime was committed for the benefit of a criminal street gang?

California, United States of America


The following excerpt is from People v. Sandoval, H034186 (Cal. App. 2011):

The arguments defendant raises are similar to those in People v. Romero (2006) 140 Cal.App.4th 15 (Romero), where the court found sufficient evidence to support a finding that the crime was committed for the benefit of a criminal street gang. In Romero, the defendant was a Hispanic gang member. He picked up a fellow gang member and third person, displayed a rifle, and said " 'Let's go do this. . . .' " (Id. at p. 17.) They drove into an area controlled by a rival African-American gang, with whom the defendant's gang been fighting a violent war for the past three years, and approached a liquor store, known as a hangout of the rival gang. (Id. at pp. 17, 19.) They saw two African-American men standing outside and immediately fired at them, killing one. (Id. at p. 17.) At trial, a gang expert testified that the shootings were committed to benefit the gang because there was no reason a person from defendant's gang would be anywhere near that liquor store unless they were expecting or looking for trouble. (Id. at p. 19.) The expert further explained that "whether or not the victims were gang members, a shooting of any African American men would elevate the status of the shooters and their entire gang. Further, [the defendant] admitted that the Latino men in his neighborhood were having problems with the African American men." (Ibid.)

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