In re FRANK S.
Evidence that juvenile was a gang member and was found in possession of a knife. Combined with expert opinion that such possession benefited the gang because, "it helps provide them protection should they be assaulted by rival gang members," was insufficient to support finding that juvenile possessed the knife for the benefit of street gang. Expert's opinion usurped role of trier of fact and did not compensate for lack of evidence that minor had any reason for possessing knife other than self-protection such as evidence that the minor was in gang territory. Had gang members with him, or had reason to expect to use the knife in a gang-related offense.
Comments on In re FRANK S.