Is a murder committed for the benefit of a street gang sufficient to establish that the murder benefitted the gang?
California, United States of America
The following excerpt is from People v. NASH., B214111, No. TA098987 (Cal. App. 2010):
In People v. Olguin (1994) 31 Cal.App.4th 1355, 1384-1385, expert testimony of a police officer, who investigated the murder and had experience with gangs, that the murder benefitted the gang because it promoted the respect of that gang was sufficient to establish that murder was committed for the benefit of the gang, for purposes of the criminal street gang enhancement.
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