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Name: People v. Romero
Case #: B185902
Court: CA Court of Appeal
District 2 DCA
Division: 4
Opinion Date: 06/01/2006
Summary

A gang enhancement is justified where the evidence created a reasonable inference that the defendant had a specific intent to further a gang member’s criminal conduct. The defendant was convicted of murder and attempted murder as the driver in a drive-by shooting. On appeal, he argued that the evidence was insufficient to support the criminal street gang enhancement imposed under Penal Code section 186.22, subdivision (b)(1). The Court of Appeal disagreed, holding that while the enhancement statute required a specific intent to promote, further, or assist in any criminal conduct by gang members, it did not require intent to further criminal conduct beyond the charged crime. The record contained ample evidence that the defendant intended to commit a crime, that he intended to help the shooter commit a crime, and that he knew the shooter was a member of his gang. This evidence created a reasonable inference that the defendant possessed the specific intent to further the shooter’s criminal conduct.