Is there any evidence that defendant knew of his gang's primary activities or pattern of criminal activity?

California, United States of America


The following excerpt is from People v. Jones, B271129 (Cal. App. 2016):

Lastly, defendant contends that there was no evidence that he knew of his gang's primary activities or pattern of criminal activity. This argument, like the preceding argument, is a collateral attack on the judgment and unreviewable in this appeal. Moreover, the People were not required to prove such knowledge in order to establish the gang enhancement under section 186.22, subdivision (b). The "scienter element of the enhancement requires only 'the specific intent to promote, further, or assist in any criminal conduct by gang members.'" (People v. Albillar (2010) 51 Cal.4th 47, 51.)

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