Is evidence of past criminal activity relevant and admissible to establish that a gang is not a "primary activity" within the California Gang Act?
California, United States of America
The following excerpt is from People v. Lopez, B256352 (Cal. App. 2015):
Evidence of both past offenses by the gang's members, as well as the current charges are relevant and admissible to establish the gang's primary activities within the meaning of the statute. (People v. Sengpadychith (2001) 26 Cal.4th 316, 323 (Sengpadychith).) "The phrase 'primary activities,' as used in the gang statute, implies that the commission of one or more of the statutorily enumerated crimes is one of the
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