California, United States of America
The following excerpt is from People v. Aguilera, C080282 (Cal. App. 2018):
Among the elements of a gang enhancement is the requirement of evidence that a defendant committed an offense for the "benefit" of (or in "association with") a criminal gang. (Pen. Code, 186.22, subd. (b)(1).)1 This necessarily requires proof of the existence of the criminal gang, which involves evidence of three or more persons associating under a common name or insignia with a primary activity of committing at least one criminal act specified in the statute, andas is pertinent hereevidence that members of this association engage (alone or together) in a "pattern of criminal gang activity" involving two or more of the specified "predicate" criminal acts. (Prunty, supra, 62 Cal.4th at pp. 71, 74; People v. Gardeley (1996) 14 Cal.4th 605, 617; 186.22, subds. (e) & (f).)
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