Garcia

I. Background

The jury found to be true the allegation that Garcia had committed the robbery “for the benefit of, at the direction of, or in association with [a] criminal street gang, with the spe- cific intent to promote, further, or assist in any criminal con- duct by gang members.” CAL. PENAL CODE § 186.22(b)(1) (emphasis added).2 The disputed issue on this appeal is whether the evidence was sufficient, under applicable federal habeas corpus standards, to support the jury’s finding of the required specific intent: that is, the intent to “promote, further, or assist in” other criminal activity of the gang apart from the robbery of conviction. 1 We have jurisdiction under 28 U.S.C. §§ 1291 and 2253. 2 CAL. PENAL CODE § 186.22(b)(1) provides: Except as provided in paragraphs (4) and (5), any person who is convicted of a felony committed for the benefit of, at the direc- tion of, or in association with any criminal street gang, with the specific intent to promote, further, or assist in any criminal con- duct by gang members, shall, upon conviction of that felony, in addition and consecutive to the punishment prescribed for the fel- ony or attempted felony of which he or she has…