Is there sufficient evidence in the record to show that defendant had the "specific intent" to promote, further or assist in any criminal conduct by gang members?

California, United States of America


The following excerpt is from People v. Ramirez, D067088 (Cal. App. 2016):

We also conclude there is substantial evidence in the record to show defendant had the "specific intent to promote, further, or assist in any criminal conduct by gang members" for purposes of subdivision (b)(1) of section 186.22. "There is rarely direct evidence that a crime was committed for the benefit of a gang. For this reason, 'we routinely draw inferences about intent from the predictable results of action. We cannot look into people's minds directly to see their purposes. We can discover mental state only from how people act and what they say.' " (People v. Miranda (2011) 192 Cal.App.4th 398, 411-412.)

Other Questions


What is sufficient evidence to infer defendant had the specific intent to promote, further or assist in any criminal conduct by gang members? (California, United States of America)
Is there sufficient evidence to establish that defendant committed the attempted murder with the specific intent to promote, further or assist criminal conduct by gang members? (California, United States of America)
What is the range of sentences for a convicted of a violent felony committed for the benefit of a criminal street gang, with the specific intent to promote or assist criminal conduct by gang members? (California, United States of America)
Does a jury have to agree that a defendant acted with the specific intent to promote, further or assist criminal conduct by gang members? (California, United States of America)
Is there insufficient evidence to support a defendant's claim that he specifically intended to promote, further, or assist a gang member's criminal conduct? (California, United States of America)
What is the effect of admitting evidence that an appellant possessed a gun with intent to promote, further or assist gang members' criminal conduct? (California, United States of America)
Is there insufficient evidence of intent to promote, further or assist in any criminal conduct by gang members? (California, United States of America)
Is there any error in instructing the jury that the prosecution does not need to prove motive but must prove specific intent to assist, promote, or further criminal conduct by gang members? (California, United States of America)
What is the test for the enhancement of a Class A felony to include a specific intent to promote, further or assist in any criminal conduct by gang members? (California, United States of America)
What is the test for a finding of intent to promote, further or assist in any criminal conduct by members of a criminal gang? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.