California, United States of America
The following excerpt is from The People v. Hernandez, F057417, Super. Ct. No. F08902368 (Cal. App. 2010):
"Commission of a crime in concert with known gang members is substantial evidence which supports the inference that the defendant acted with the specific intent to promote, further or assist gang members in the commission of the crime. [Citation.]" (People v. Villalobos (2006) 145 Cal.App.4th 310, 322; People v. Morales (2003) 112 Cal.App.4th 1176, 1197-1199 [intending to commit and/or aid and abet a robbery in association with fellow gang members was sufficient evidence that the defendant intended to assist criminal gang activity].) "[I]f substantial evidence establishes that the defendant is a gang member who intended to commit the charged felony in association with other gang members, the jury may fairly infer that the defendant also intended for his crime to promote, further or assist criminal conduct by those gang members. [Citation.]" (Vazquez, supra, 178 Cal.App.4th at pp. 353-354.)
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