California Supreme Court
People v. Clark
February 22, 2024
Summary
The court held that the amended gang-enhancement statute does not require each predicate offense to be committed by multiple gang members acting in concert. Instead, collective engagement requires an organizational nexus linking the predicate offenses to the gang as an organized, collective enterprise, such as through its structure, primary activities, or common goals. Because the prosecution presented no evidence establishing that nexus, the court reversed the gang enhancement and remanded for further proceedings. The court's opinion contains no separate writings.