P.

INTRODUCTION

Defendant Lataz Gray appeals from his conviction of second degree robbery (Pen. Code, § 2111), committed for the benefit of a criminal street gang (§ 186.22, subd. (b)(1)).2 The trial court sentenced him to an aggregate state prison term of 13 years. Defendant contends the gang enhancement is not supported by substantial evidence. We agree and reverse the enhancement finding.

FACTUAL AND PROCEDURAL BACKGROUND

It is undisputed that defendant, an admitted member of the Black P-Stones gang, robbed Arthur Perdue (Perdue) on August 18, 2009. The People’s theory was that it was a gang-related crime in retaliation for Perdue having expressed his lack of respect for defendant and his gang. The defense theory was that the robbery was for solely personal gain and not gang-related.

A. Prosecution3 On the afternoon of August 18, 2009, Perdue was sitting in his car with his seven- year-old son, who was playing on the car floor. Perdue was parked on 13th Avenue near the intersection with 25th Street in Los Angeles, an area controlled by the local Blood gang, the Black P-Stones. He was waiting for someone to come and repair his car. Outside of his T-shirt, Perdue was wearing a…