What is the test for "participation" in a criminal gang?
California, United States of America
The following excerpt is from People v. Rubio, F070696 (Cal. App. 2017):
in the sense of participation that is more than nominal or passive, (2) knowledge that the gang's members engage in or have engaged in a pattern of criminal gang activity, and (3) that the person willfully promotes, furthers, or assists in any felonious criminal conduct by members of that gang. (People v. Lamas (2007) 42 Cal.4th 516, 523 (Lamas).) " '[T]hat gang' clearly refers back to the gang in which the defendant is an active participant." (People v. Rodriguez (2012) 55 Cal.4th 1125, 1131.)
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