What is the test for active participation in a criminal street gang?

California, United States of America


The following excerpt is from People v. Martinez-Carreon, A141670, A141679 (Cal. App. 2017):

In demonstrating active participation, "it is not necessary for the prosecution to prove that the person devotes all, or a substantial part, of his or her time or efforts to the criminal street gang, nor is it necessary to prove that the person is a member of the criminal street gang." ( 186.22, subd. (i).) Still, "[i]t is not enough that a defendant [has] actively participated in a criminal street gang at any point in time . . . . A defendant's active participation must be shown at or reasonably near the time of the crime." (People v. Garcia (2007) 153 Cal.App.4th 1499, 1509.)

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