What is the state of the mental state of a defendant in a criminal case?

As to count 2, the court advised the jury that a particular mental state was needed for each charged offense and subsequently provided CALCRIM No. 1400, which specifies that a defendant's knowledge that members of a criminal street gang engage in or have engaged in a pattern of criminal activity is a necessary element of gang participation. (See People v. Bolin, supra, 18 Cal.4th at p. 328; Mayfield, supra, 14 Cal.4th at p. 777.) We conclude beyond a reasonable doubt that the jury believed that such knowledge was needed to convict Amezcua of this offense.

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