California, United States of America
The following excerpt is from The People v. Araniva, B218787, No. VA106834 (Cal. App. 2010):
Section 186.22, subdivision (b) requires proof that the charged felony was "committed for the benefit of, at the direction of, or in association with any criminal street gang, with the specific intent to promote, further, or assist in any criminal conduct by gang members." ( 186.22, subd. (b)(1).) As stated previously, in reviewing a challenge to the sufficiency of the evidence, we review the whole record in the light most favorable to the judgment, presuming in support of the judgment the existence of every fact the jury could reasonably deduce from the evidence. (People v. Proctor, supra, 4 Cal.4th at p. 528.) The same standard applies to true findings on gang allegations. (People v. Ortiz (1997) 57 Cal.App.4th 480, 484.)
The specific intent element necessary for a gang enhancement does not require evidence of intent to promote criminal conduct other than the charged crimethe intent to assist another gang member in perpetrating the charged crime will suffice to show the necessary specific intent. (People v. Romero (2006) 140 Cal.App.4th 15, 20 (Romero)?) Evidence of the required intent can be found in the fact that each defendant
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