California, United States of America
The following excerpt is from People v. Sandoval, F069675 (Cal. App. 2017):
Section 186.22, subdivision (b), establishes a sentencing enhancement for "any person who is convicted of a felony committed for the benefit of, at the direction of, or in association with any criminal street gang, with the specific intent to promote, further, or assist in any criminal conduct by gang members." To establish the existence of a "criminal street gang" within the meaning of section 186.22, the People must prove: "(1) the group is an ongoing association of three or more persons sharing a common name, identifying sign, or symbol; (2) one of the group's primary activities is the commission of one or more statutorily enumerated criminal offenses; and (3) the group's members must engage in, or have engaged in, a pattern of criminal gang activity." (People v. Duran (2002) 97 Cal.App.4th 1448, 1457; see 186.22, subd. (f).)
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