Gang enhancement allegations reversed because the prosecution failed to present sufficient evidence that the predicate offenses provided a more-than-reputational common benefit to the gang. A jury convicted defendant of 57 counts of conspiracy, burglary, attempted burglary, and robbery, and found true gang allegations on some counts. The gang expert testified that burglary is the gang’s primary activity because it is financially lucrative. But the expert did not testify that the five predicate burglaries financially benefited the gang rather than the individual gang members who committed the burglaries. The Court of Appeal reversed the true findings on the gang allegations on 43 counts and remanded for full resentencing.

The full opinion is available on the court’s website here: https://www4.courts.ca.gov/opinions/documents/D082912.PDF