California, United States of America
The following excerpt is from People v. Serrano, A134211 (Cal. App. 2013):
Defendant also argues that there was insufficient evidence to support his conviction for active participation in a criminal street gang pursuant to section 186.22, subdivision (a), because his conviction relied on his participation in the aggravated assault. Therefore, defendant argues, "[f]or all the reasons stated [regarding insufficient evidence of aggravated assault], there was insufficient evidence of [defendant's] participation in that crime and hence a failure of proof on a necessary element of the gang participation charge," which requires that the person willfully promote, further, or assist any felonious criminal conduct by members of the gang. (People v. Lamas (2007) 42 Cal.4th 516, 523 [discussing the elements required by 186.22, subd. (a)].) Given our conclusion that there was sufficient evidence to convict defendant of aggravated assault, we conclude defendant's argument regarding his conviction for active participation in a criminal street gang lacks merit.
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