In what circumstances will the jury reverse its finding that a defendant's red hat was a "calling card" to witnesses that the crime was gang related?

California, United States of America


The following excerpt is from People v. Chavez, C074316 (Cal. App. 2016):

Finally, the People claim that "[a] rational jury also could have reasonably inferred that [defendant] intentionally left his red hat next to the victim as a calling card to witnesses that the crime was committed by and for the Norteo gang." Had there been any evidence that the crime was gang related, we might agree. However, there simply was no such evidence. The presence of defendant's red hat at the scene, without more, does not support a finding the crime was gang related. (People v. Rios (2013) 222 Cal.App.4th 542, 564 [finding of fact must be an inference drawn from evidence rather than a mere speculation to probabilities without evidence].) For all the foregoing reasons, we shall reverse the jury's true finding on the gang-enhancement allegation.

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