What is the test for a finding of intent to promote, further or assist in any criminal conduct by members of a criminal gang?
California, United States of America
The following excerpt is from People v. Anyadike, B226853 (Cal. App. 2012):
Sufficient evidence established that appellants acted with "the specific intent to promote, further, or assist in any criminal conduct by gang members . . . ." ( 186.22, subd. (b)(1).) (See People v. Morales (2003) 112 Cal.App.4th 1176, 1198.) Because substantial evidence supports a finding that the crimes benefitted the gang, reversal cannot be justified by the possibility that the evidence might have been reconciled with a
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finding that appellants acted only for personal reasons. (See People v. Albillar, supra, 51 Cal.4th at p. 60.)
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