Is there insufficient evidence to support a defendant's claim that he specifically intended to promote, further, or assist a gang member's criminal conduct?

California, United States of America


The following excerpt is from People v. Rocha, G047420, G048047 (Cal. App. 2013):

Defendant contends insufficient evidence supports the jury's finding he specifically intended to promote, further, or assist a gang member's criminal conduct as required for the gang enhancement under section 186.22(b) and the vicarious firearm discharge enhancement under 12022.53, subdivisions (d) and (e)(1). (See People v. Mejia (2012) 211 Cal.App.4th 586, 614-615.) We disagree.

The gang enhancement under section 186.22(b)(1) requires proof the crime for which the defendant was convicted had been "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 . . . ." The enhancement thus has two prongsthe benefit prong and the intent prong. (People v. Villalobos (2006) 145 Cal.App.4th 310, 322.) Defendant disputes only the latter.

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