California, United States of America
The following excerpt is from People v. Gillon, B278974 (Cal. App. 2018):
As to the second prong of the gang enhancement, "if substantial evidence establishes that the defendant intended to and did commit the charged felony with known members of a gang, the jury may fairly infer that the defendant had the specific intent to promote, further, or assist criminal conduct by those gang members." (People v. Albillar (2010) 51 Cal.4th 47, 68; accord, People v. Villalobos (2006) 145 Cal.App.4th 310, 322 ["Commission of a crime in concert with known gang members is substantial evidence which supports the inference that the defendant acted with the specific intent to promote, further or assist gang members in the commission of the crime"].) Here, substantial evidence established that appellant was aware of his codefendants' gang membership and acted in concert with them to rob the victims. Thus, the jury could reasonably infer the requisite specific intent.
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