Lee v. State

Summary

The court held that the nexus element of participation in criminal gang activity requires proof that the defendant committed the predicate crime with the intent to further the gang’s criminal purposes. An instruction allowing the jury to find the nexus merely because the crime was the type or sort of crime gang members commit misstated the law, even when considered with the other instructions. The judgment was vacated and the case remanded; the court did not decide whether the instructional error was harmless.