What is the test for a jury to determine whether a defendant acted with the intent to promote, further or assist criminal conduct by gang members?

California, United States of America


The following excerpt is from People v. Guinea, B231518 (Cal. App. 2013):

Defendant relies on People v. Albillar, supra, 51 Cal.4th 47, which states that "if substantial evidence establishes that the defendant intended to and did commit the charged felony with known members of a gang, the jury may fairly infer that the defendant had the specific intent to promote, further, or assist criminal conduct by those gang members." (Id. at p. 68, italics added.) We conclude that substantial circumstantial evidence supports the jury's finding that defendant acted with the intent to promote, further or assist criminal conduct by gang members.

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