California, United States of America
The following excerpt is from People v. Guinea, B231518 (Cal. App. 2013):
reversal of the judgment is not warranted simply because the circumstances might also reasonably be reconciled with a contrary finding. [Citation.] 'A reviewing court neither reweighs evidence nor reevaluates a witness's credibility.' [Citation.]" (People v. Albillar (2010) 51 Cal.4th 47, 60.)
Under Penal Code section 186.22 (section 186.22), subdivision (b)(1), a criminal street gang enhancement applies to a "person who is convicted of a felony committed for the benefit of, at the direction of, or in association with any criminal street gang, with the specific intent to promote, further, or assist in any criminal conduct by gang members." A "criminal street gang" is an organization which has as one of its primary activities the commission of specified criminal acts, and whose members have engaged in a pattern of criminal gang activity. (Id., subd. (f).) The commission of two or more of the predicate criminal acts by gang members constitutes a pattern of criminal gang activity. (Id., subd. (e); People v. Loeun (1997) 17 Cal.4th 1, 9.)
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