California, United States of America
The following excerpt is from People v. Guzman, E050850 (Cal. App. 2012):
In People v. Salcido, supra, 149 Cal.App.4th 356, the defendant was convicted of numerous felonies, including two counts of active participation in a criminal street gang, based upon conduct occurring on at least two separate dates. (Id. at pp. 359-360.) Expert testimony established the defendant's extensive involvement with a criminal street gang; the expert opined the defendant was an active participant in a criminal street gang. (Id. at pp. 361-362.) The court noted the defendant "was accompanied by known gang members on both occasions, although there was no evidence they participated in [his] crimes." (Id. at p. 368.) On appeal, the defendant contended his convictions for active participation should be reversed because there was no evidence he aided and abetted criminal activity by fellow gang members. (Id. at pp. 363, 366.)
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