What is the legal test for overturning a jury's finding of guilty on a charge of membership of a criminal street gang?
California, United States of America
The following excerpt is from People v. Perez, F073736 (Cal. App. 2019):
"'When considering a challenge to the sufficiency of the evidence to support a conviction, we review the entire record in the light most favorable to the judgment to determine whether it contains substantial evidencethat is, evidence that is reasonable, credible, and of solid valuefrom which a reasonable trier of fact could find the defendant guilty beyond a reasonable doubt.' [Citations.]" (People v. Edwards (2013) 57 Cal.4th 658, 715.) "A reversal for insufficient evidence 'is unwarranted unless it appears "that upon no hypothesis whatever is there sufficient substantial evidence to support"' the jury's verdict." (People v. Zamudio (2008) 43 Cal.4th 327, 357.) The jury's findings on enhancement allegations are reviewed under the same standard. (People v. Wilson (2008) 44 Cal.4th 758, 806.)
"Any person who actively participates in any criminal street gang with knowledge that its members engage in, or have engaged in, a pattern of criminal gang activity, and who willfully promotes, furthers, or assists in any felonious criminal conduct by members of that gang, shall be punished by imprisonment." ( 186.22, subd. (a).) "The plain, unambiguous language of the statute targets any felonious criminal conduct, not felonious gang-related conduct." (People v. Rodriguez (2012) 55 Cal.4th 1125, 1131.) Additionally, "[t]he plain meaning of section 186.22(a) requires that felonious criminal
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