What is the test required to prove that one of the alleged criminal street gang's primary activities is the commission of one or more of the crimes listed in the California Gang Act?

California, United States of America


The following excerpt is from People v. Apolinario, A144920 (Cal. App. 2018):

fact must find that one of the alleged criminal street gang's primary activities is the commission of one or more of certain crimes listed in the gang statute." (Sengpadychith, supra, 26 Cal.4th at p. 322, italics added.) Draper testified the Norteo's primary activities include murder, attempted murder, assault with a deadly weapon, robbery, narcotics sales, and possession of narcotics for sale, all of which are listed in the statute. ( 186.22, subd. (e)(1)-(4).) The prosecutor was not required to prove vehicle theft was a primary activity of the gang. Defendants' reliance on People v. Ramon (2009) 175 Cal.App.4th 843 does not alter our conclusion. Ramon does not stand for the proposition that the expert must testify the charged crime is a primary activity of the gang.

Sufficient evidence supports the gang enhancement ( 186.22, subd. (b)(1).)

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