California, United States of America
The following excerpt is from People v. Reyes, F073664 (Cal. App. 2018):
The evidence sufficiently supports the jury's finding. A crime is committed "in association with a criminal street gang" if the defendant relied on his or her common gang membership in committing the offense. (People v. Albillar, supra, 51 Cal.4th at p. 60.) A specific intent to benefit the gang is not required, only a specific intent to assist other gang members in any criminal conduct. (People v. Morales, supra, 112 Cal.App.4th at p. 1198.) The jury could have reasonably inferred the requisite association from the very fact Vargas committed the assault with a fellow gang member. (Ibid.) Although Vargas denied being an active Lewis Street Bulldog gang member when these crimes occurred, it was the jury's role to decide this disputed issue. Based on the jury's true finding, it is apparent that the jurors decided that issue against him. In doing
Page 19
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.