California, United States of America
The following excerpt is from The People v. Ocampo, E049378, No. INF044800 (Cal. App. 2011):
In considering a claim of insufficient evidence, we review the entire record in the light most favorable to the judgment. We must affirm the conviction so long as a rational trier of fact could have found guilt based on the evidence and inferences reasonably drawn therefrom. (People v. Johnson (1980) 26 Cal.3d 557, 576.)
The crime of gang participation is committed when a person "actively participates in any criminal street gang with knowledge that its members engage in or have engaged in a pattern of criminal gang activity, and... willfully promotes, furthers, or assists in any felonious criminal conduct by members of that gang...." ( 186.22, subd. (a).) "Th[is] substantive offense... has three elements[:] Active participation in a criminal street gang, in the sense of participation that is more than nominal or passive,... 'knowledge that [the gang's] members engage in or have engaged in a pattern of criminal gang activity, ' and... the person 'willfully promotes, furthers, or assists in any felonious criminal conduct by members of that gang.' [Citation.]" (People v. Lamas (2007) 42 Cal.4th 516, 523.)
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