Is there insufficient evidence of intent to promote, further or assist in any criminal conduct by gang members?

For the reasons, set forth above, there is insufficient evidence appellant had the "specific intent to promote, further, or assist in any criminal conduct by gang members" ( 186.22, subd. (b)(1)). As stated in People v. Villalobos (2006) 145 Cal.App.4th 310, 322, "As to the second prong of the enhancement, all that is required is a specific intent 'to promote, further, or assist in any criminal conduct by gang members.' [Citation.] Commission of a crime in concert with known gang members is substantial evidence which supports the inference that the defendant acted with the specific intent to promote, further or assist gang members in the commission of the crime." Without evidence that gang members or "wannabes" committed the shooting or that appellant was a gang member, there is no evidence that appellant intended to assist criminal conduct by gang members.

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