In what circumstances will a jury consider whether a drug dealer's sales of illegal drugs were specifically intended to promote, further or assist criminal conduct by other gang members?

California, United States of America


The following excerpt is from People v. Hernandez, B266101 (Cal. App. 2016):

There is no direct evidence that defendant's sales of narcotics were specifically intended to promote, further or assist criminal conduct by other gang members, but intent is rarely proven through direct evidence. It must usually be inferred from the facts and circumstances surrounding the defendant's offense. (People v. Miranda (2011) 192 Cal.App.4th 398, 411-412 [discussing proof of intent required for gang enhancement].) In case of a gang enhancement, the specific facts and circumstances of the offense may be considered in the context of evidence of gang culture. (Id. at p. 412; Sanchez, supra, 63 Cal.4th at p. 676 [expert may "testify about more generalized information to help jurors understand the significance of case-specific facts"].)

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