What is a felony if committed by an active participant in a criminal street gang?
California, United States of America
The following excerpt is from The People v. Coleman, B213483, No. TA095664 (Cal. App. 2010):
a felony if committed by "'an active participant in a criminal street gang, as defined in subdivision (a) of Section 186.22....'" (People v. Robles (2000) 23 Cal.4th 1106, 1109, italics omitted.) Proof that a defendant is an active participant in a criminal street gang as defined in section 186.22, subdivision (a), requires proof of each of three elements of that substantive offense. (Id. at p. 1115.)
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