Is there sufficient evidence to convict a defendant of the murder and assault of a man who was stabbed to death by a gang member?

California, United States of America


The following excerpt is from People v. Guevara, B280411 (Cal. App. 2018):

There was also evidence defendant committed the murder and assault "with the specific intent to promote, further, or assist in any criminal conduct by gang members." ( 186.22, subd. (b)(1).) As noted above, "[i]f substantial evidence establishes that the defendant intended to and did commit the charged felony with known members of a gang, the jury may fairly infer that the defendant had the specific intent to promote, further, or assist criminal conduct by those gang members." (People v. Albillar, supra, 51 Cal.4th at p. 68.)

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