California, United States of America
The following excerpt is from People v. Reyes, G040778 (Cal. App. 12/8/2009), G040778 (Cal. App. 2009):
The third element requires proof the defendant "`willfully promote[d], further[ed], or assist[ed] in any felonious criminal conduct by members of that gang.' [Citation.]" (People v. Lamas, supra, 42 Cal.4th at p. 523.) This element exists "where the defendant bears individual culpability for `a separate felony offense committed by gang members.' [Citation.]" (People v. Salcido (2007) 149 Cal.App.4th 356, 367.) It "applies to the perpetrator of felonious gang-related criminal conduct as well as to the aider and abettor." (People v. Ngoun (2001) 88 Cal.App.4th 432, 436.) Here "`[t]he evidence supports a reasonable inference that the [attempted murder of Medina] w[as] intended by [defendant] to promote, further and assist the gang in its primary activitiesthe commission of criminal acts and the maintenance of gang respect.' [Citation.]" (People v. Salcido, supra, 149 Cal.App.4th at p. 368.)
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