California, United States of America
The following excerpt is from People v. Cornejo, 16 Cal. Daily Op. Serv. 737, 197 Cal.Rptr.3d 686, 2016 Daily Journal D.A.R. 635, 243 Cal.App.4th 1453 (Cal. App. 2016):
To establish that a group is a criminal street gang within the meaning of the statute, 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. [Citations.] (People v. Duran (2002) 97 Cal.App.4th 1448, 1457, 119 Cal.Rptr.2d 272; 186.22, subd. (f) (Section 186.22(f)).) A pattern of criminal gang activity is defined as gang members' individual or collective commission of, attempted commission of, conspiracy to commit, or solicitation of, sustained juvenile petition for, or conviction of two or more enumerated predicate offenses' during a statutorily defined time period.
[243 Cal.App.4th 1465]
[Citations.] The predicate offenses must have been committed on separate occasions, or by two or more persons. [Citations.] (
[197 Cal.Rptr.3d 697]
Duran, supra, 97 Cal.App.4th at p. 1457, 119 Cal.Rptr.2d 272; 186.22, subd. (e); People v. Loeun (1997) 17 Cal.4th 1, 910, 69 Cal.Rptr.2d 776, 947 P.2d 1313.)
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