Is a defendant's knowledge that the gang's members engage in criminal activity inferable from the same evidence that shows their active participation in the gang?

California, United States of America


The following excerpt is from People v. Fernandez, G052705 (Cal. App. 2017):

A defendant's knowledge that the gang's members engage in a pattern of criminal activity is inferable from the same evidence that shows his or her active participation in the gang. (People v. Carr (2010) 190 Cal.App.4th 475, 489.) "In other words, just as a jury may rely on evidence about a defendant's personal conduct, as well as expert testimony about gang culture and habits, to make findings concerning a defendant's active participation in a gang or a pattern of gang activity, it may also rely on

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the same evidence to infer a defendant's knowledge of those activities." (Ibid., fn. omitted.)

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