Romero

Emmanuel Romero was convicted of murder and attempted murder as the driver in a drive-by shooting. He contends the judgment must be reversed because of instructional errors and insufficiency of the evidence to support the criminal street gang allegation imposed pursuant to Penal Code section 186.22, subdivision (b)(1). In the published portion of this opinion, we hold that the specific intent element of section 186.22, subdivision (b)(1), requiring a showing of “specific intent to promote, further, or assist in any criminal conduct by gang members,” does not require intent to further criminal conduct beyond the charged crime. In the unpublished portion of our opinion, we address the instructional errors raised by appellant and find no error. We affirm the judgment.

FACTUAL AND PROCEDURAL SUMMARY

On the evening of October 11, 2004, appellant picked up his friends Mario Moreno and Edgar Navarro in a stolen car. Appellant and Moreno are members of the criminal street gang, Florencia 13. As he entered the car, Moreno said, “Let’s go do this,” and showed appellant the large rifle he was carrying. Appellant believed Moreno meant that they should go shoot somebody. Appellant…