P. v. Gutierrez
Following trial, a jury found defendant and appellant Juan Gutierrez (defendant) guilty of first degree murder and found true the gang enhancement allegation under Penal Code section 186.22.[1] On appeal, defendant challenges the sufficiency of the evidence in support of the true finding on the gang enhancement allegation, arguing that there was no evidence, other than the experts speculation, that defendant killed the victim with the specific intent to promote or further criminal conduct by gang members and that there was no evidence that the killing benefited a gang. We hold that the true finding on the gang enhancement allegation was supported by substantial evidence. Court therefore affirm the judgment of conviction.
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