In Re Alexander L.
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Publisher Description
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.