California, United States of America
The following excerpt is from People v. Santana, 2d Crim. No. B261900 (Cal. App. 2016):
There was no need for the trial court to instruct on the elements of the crimes that constitute the gang's primary activities. The prosecutor need not prove the elements. It is sufficient if an expert names the particular crimes that constitute the gang's primary activities. (People v. Sengpadychith, supra, 26 Cal.4th at 322 [primary activities requirement satisfied by the testimony of a police gang expert that primary activities of the gang were drug dealing and witness intimidation].) The prosecutor relied on such expert testimony here.
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