What is the legal test for intent to set up a criminal gang?
California, United States of America
The following excerpt is from People v. Guinea, B231518 (Cal. App. 2013):
Moreover, as noted in People v. Fuentes (2009) 171 Cal.App.4th 1133, 1139, "[a]n intent to further criminal gang activity is no more a 'motive' in legal terms than is any other specific intent." Hence, "[t]here was no error." (Id. at p. 1140.)7
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