California, United States of America
The following excerpt is from People v. Pineda, B222913 (Cal. App. 2011):
3. "Membership in a gang cannot served [sic] as proof of intent, or of the facilitation, advice, aid, promotion, encouragement or instigation that is necessary to establish aiding and abetting." (Citing Mitchell v. Prunty (9th Cir. 1997) 107 F.3d 1337, 1342.)
4. "Membership in an organization does not lead reasonably to any inference as to the conduct of a member on a given occasion. Such inferences are unreasonable based upon the theory of guilt by association." (Citing People v. Perez, supra, 114 Cal.App.3d at p. 477.)
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