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
The following excerpt is from People v. Delonnie, E060233 (Cal. App. 2015):
There is also sufficient evidence to establish that defendant committed the attempted murder with the specific intent to promote, further, or assist in criminal conduct by gang members. This element of the gang enhancement is satisfied even if the only gang member whose criminal conduct was furthered was the defendant himself in his commission of the underlying offense. (People v. Hill (2006) 142 Cal.App.4th 770, 774.)
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