Can a jury reasonably infer that a defendant committed a murder with the specific intent to promote or further criminal conduct?

California, United States of America


The following excerpt is from People v. Tholmer, C080979 (Cal. App. 2019):

Section 186.22, subdivision (b)(1) requires a showing of the "specific intent to promote, further, or assist in any criminal conduct by gang members," but does not require an intent to promote the gang's criminal activity beyond the charged crime. (People v. Romero (2006) 140 Cal.App.4th 15, 19.) Based upon the expert's testimony that committing a murder benefits the gang by garnering respect for the gang, instilling fear in rival gangs, and intimidating the community, the jury could have reasonably inferred that defendant committed the murder with the specific intent to promote or further criminal conduct by gang members.

Page 23

E. Enhancement Must Be Stricken

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