California, United States of America
The following excerpt is from People v. Francis, A137765 (Cal. App. 2017):
than nominal or passive; second, knowledge that the gang's members engage in or have engaged in a pattern of criminal gang activity; and third, the willful promotion, furtherance, or assistance in any felonious criminal conduct by members of that gang." (Rodriguez, supra, 55 Cal.4th at p. 1130.) The phrase willful promotion, furtherance, or assistance has been equated with aiding and abetting. (People v. Castenada (2000) 23 Cal.4th 743, 749.) Thus, the third element is satisfied when there is substantial evidence of aiding and abetting the commission of a separate felony offense, regardless of whether the separate offense is gang-related. (Rodriguez, supra, 55 Cal.4th at p. 1131.)
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