California, United States of America
The following excerpt is from People v. Duby, 2d Crim. No. B226439 (Cal. App. 2016):
a Chivas member had been convicted of possessing methamphetamine for sale in violation of Health and Safety Code section 11378. Although he did not utter the phrase "primary activities," his testimony sufficiently conveyed an opinion that selling drugs was one of the gang's "'chief' or 'principal' occupations." (People v. Sengpadychith, supra, 26 Cal.4th at p. 323.) Moreover, the sale and possession for sale of controlled substances are among the crimes enumerated in the gang statute. ( 186.22(e)(4).) The evidence is thus sufficient to support a finding that Chivas qualified as a criminal street gang. In light of this conclusion, we need not address whether the evidence is sufficient to establish that Chivas and Artesia qualify as a single "criminal street gang" for purposes of section 186.22, subdivision (f).
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