California v. SorianoAnnotate this Case
In this case, two gang members were walking together in their gang’s territory where they both lived. Police detained the pair and arrested defendant after retrieving a knife from his pants pocket. A gang expert later opined (given these facts) defendant carried the knife for the benefit of, in association with, and with the intent to promote his gang. A jury found defendant guilty of carrying the concealed knife and found true a two-year gang enhancement. The Court of Appeal concluded there was insufficient evidence for a reasonable jury to find the gang enhancement true beyond a reasonable doubt. The Court thus reversed defendant’s gang enhancement and remanded the matter so the trial court could conduct a new sentencing hearing.