California, United States of America
The following excerpt is from The People v. Vu Thanh Van Le, G042343, No. 08WF2205 (Cal. App. 2010):
This evidence supports a conclusion that each defendant's "involvement with [his] criminal street gang... [was] more than nominal or passive." (People v. Castenada (2000) 23 Cal.4th 743, 747.) Because "[r]esolution of conflicting evidence and credibility issues was for the jury to decide" (People v. Martinez (2008) 158 Cal.App.4th 1324, 1331), and "the sufficiency of the evidence showing active participation is not altered by the existence of other evidence offered by defendant to show he was not an active participant in the gang" (ibid.), defendant's statement to police that he was no longer a gang member does not detract from the jury's verdict.
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