What are the elements of a criminal street gang indictment?

The indictment alleged that the offense was committed for the benefit of a criminal street gang under section 186.22, subdivision (b)(1)(C). Section 186.22, subdivision (f), defines "'criminal street gang'" as, among other characteristics, a group "whose members individually or collectively engage in or have engaged in a pattern of criminal gang activity." Subdivision (e) provides: "As used in this chapter, 'pattern of criminal gang activity' means the commission of, attempted commission of, conspiracy to commit, or solicitation of, sustained juvenile petition for, or conviction of two or more of the following offenses, provided at least one of these offenses occurred after the effective date of this chapter and the last of those offenses occurred within three years after a prior offense, and the offenses were committed on separate occasions, or by two or more persons." ( 186.22, subd. (e), italics added.) Murder is among the listed offenses. (Id. at subd. (e)(3).) The charged crime may constitute one of the statutorily required "'two or more'" predicate offenses, but "[c]rimes occurring after the charged offense cannot serve as predicate offenses to prove a pattern of criminal gang activity." (People v. Duran, supra, 97 Cal.App.4th at pp. 1457-1458.) Certified court records are admissible as an official record to prove the fact of the conviction and the commission of the underlying offense. (Id. at p.1461.)

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