California, United States of America
The following excerpt is from People v. Shelman, D075365 (Cal. App. 2019):
The existence of a criminal street gang is an element of both the substantive offense of street terrorism and the gang enhancement charge. (People v. Vasquez (2016) 247 Cal.App.4th 909, 922.) A criminal street gang is defined as an "ongoing organization, association, or group of three or more persons" that shares a common name or common identifying sign or symbol; has as one of its "primary activities" the commission of one or more enumerated offenses; and "whose members individually or collectively engage in, or have engaged in, a pattern of criminal gang activity." ( 186.22, subd. (f).) A "pattern of criminal gang activity" may be established by proving that gang members committed, attempted commission of, or were convicted of, two or more enumerated offenses, known as predicate offenses. (Id., subd. (e).)
2. Predicate Offense Testimony
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