In Re Alexander L.
People v. Alexander L.
Opinion
Opinion
Moore, J.
The Orange County District Attorney filed a petition under Welfare and Institutions Code section 602, alleging Alexander L. had committed three counts of vandalism. The petition further alleged the offenses were committed for the benefit of a street gang. The court found all the allegations true. Alexander L. does not challenge the underlying vandalism allegations, but argues there was insufficient evidence to support the street gang enhancement. We agree that the prosecution presented insufficient evidence of the gang’s “primary activities” within the meaning of the relevant statute. We therefore reverse that portion of the court’s findings and remand for a new sentencing hearing.
I
FACTS
In December 2005, Orange County Deputy Sheriff Craig Lang, who was working in the gang enforcement unit, contacted Alexander L. (Alexander). Lang questioned Alexander about his status in a street gang known as Varrio Viejo because he was wearing gang clothing and was in a known gang gathering area. Alexander told Lang that he knew 10 to 15 members of the gang and associated with them.
Lang advised Alexander of his rights under Miranda v. Arizona (1966) 384 U.S. 436 [ 16 L.Ed.2d 694…