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

The following excerpt is from People v. Guevara, B280411 (Cal. App. 2018):

From this evidence, the jury could reasonably infer defendant had "the specific intent to promote, further, or assist in any criminal conduct by gang members." ( 186.22, subd. (b)(1); People v. Albillar, supra, 51 Cal.4th at p. 68.) On these facts that include an immediate response to disrespect based on their apparent gang membership, the evidence was sufficient even though there was no evidence that: a gang ordered the shooting; defendant recognized the victim as a rival gang member; or anyone called out gang names, displayed gang signs, wore gang apparel, boasted about the crimes in the aftermath, or made a graffiti record of the offenses.

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