What is the test for establishing a pattern of criminal gang activity?

California, United States of America


The following excerpt is from People v. Cornejo, 202 Cal.Rptr.3d 804, 247 Cal.App.4th 807 (Cal. App. 2016):

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. [Citations.] The predicate offenses must have been committed on separate occasions, or by two or more persons. [Citations.] (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.)

Other Questions


Does Section 186.22, subdivision of the Criminal Code, make it a felony for actively participate in a criminal street gang with knowledge that its members engage in or have engaged in a pattern of criminal gang activity? (California, United States of America)
Is a member of a street gang who actively participates in any criminal street gang with knowledge that its members engage in criminal gang activity liable for criminal activity? (California, United States of America)
Does Section 186.22, subdivision (a) of the California Criminal Code punish a person who actively participates in any criminal street gang with knowledge that its members engage in or have engaged in criminal gang activity? (California, United States of America)
Can a defendant who is charged with a charge of membership of a criminal gang commit one or more of the "two or more" predicate offenses necessary to establish a pattern of criminal gang activity? (California, United States of America)
Is a person who actively participates in any criminal street gang with knowledge that its members engage in or have engaged in criminal gang activity a criminal offence? (California, United States of America)
Does the use of evidence of criminal street gang activity by a defendant to establish a predicate offence in a prosecution for active participation in a criminal gang constitute prejudicial or prejudicial evidence? (California, United States of America)
Can a criminal gang member who is currently charged with an assault under the California Penal Code, and who is not charged under the current legislation, establish a pattern of criminal gang activity? (California, United States of America)
Does Section 186.22 of the California Criminal Code punish a person who actively participates in any criminal street gang with knowledge that its members engage in or have engaged in criminal gang activity? (California, United States of America)
Is a person who is a member of a criminal gang liable for criminal activity if they are not involved in the criminal activity? (California, United States of America)
Is a person who actively participates in any criminal street gang with knowledge that its members engage in or have engaged in a pattern of criminal gang activity liable? (California, United States of America)
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