What evidence supports a finding that defendant Montoya committed the shooting in association with a criminal street gang?

Finally, the evidence did not support a finding Montoya committed the shooting in association with a criminal street gang. "Committing a crime in concert with known gang members can be substantial evidence that the crime was committed in 'association' with a gang. [Citation.] A crime is committed in association with a gang if the 'defendants relied on their common gang membership and the apparatus of the gang in committing' the charged felonies. [Citation.] For example, three criminal street gang members who raped and sexually assaulted a 16-year-old girl were found to have committed the crime in association with a gang because as fellow gang members they were able to rely upon each other to help facilitate the sexual assaults, they could expect their fellow gang members not to talk to the police, and they relied upon their membership in the gang to intimidate the victim." (People v. Garcia (2016) 244 Cal.App.4th 1349, 1367.)