California, United States of America
The following excerpt is from People v. Pak, C081262 (Cal. App. 2017):
requisite pattern of criminal gang activity because it is unclear whether each of the men assaulted the victim, or whether one assaulted the victim while the others merely aided and abetted the assault. He cites People v. Zermeno, supra, 21 Cal.4th at pages 931-933, for the proposition that proof that one gang member committed a crime and was aided and abetted by another gang member establishes only one predicate offense.
Defendant, however, views the evidence in the light most favorable to himself rather than the light most favorable to the judgment as required. (People v. Hill, supra, 17 Cal.4th at pp. 848-849.) When viewed properly, the evidence in the record supports the jury's true finding for the gang enhancements.
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