Gangs
Definitions
Gang
PC186.22(f): As used in this chapter, “criminal street gang” means an ongoing, organized association or group of three or more persons, whether formal or informal, having as one of its primary activities the commission of one or more of the criminal acts enumerated in subdivision (e), having a common name or common identifying sign or symbol, and whose members collectively engage in, or have engaged in, a pattern of criminal gang activity.
1) An ongoing, organized association or group or three or more people, whether formal or informal. But not a labor union. (PC186.23)
2) Common name or common identifying sign or symbol.
People v. Prunty (2015) 62 Cal.4th 59
Subsets must be united by more than common names, signs or symbols, enemies or loose philosophies.
• People v Miranda (2016) 2 Cal.App.5th 829; People v. Ewing (2016) 244 Cal.App.4th 359; People v. Lara (2017) 9 Cal.App.5th 296; People v. Garcia (2017) 9 Cal.App.5th 364; People v. Resendez (2017) 13 Cal.App.5th 181
• People v. Ramirez (2016) 244 Cal.App.4th 800; People v. Nicholes (2016) 246 Cal.App.4th 836; People v. Cornejo (2016) 3 Cal.App.5th 36; People v. Williams (2008) 167 Cal.App.4th 983
• People did not have to prove links between D's gang subset and Sureños, where gang D associated with, the gang committing the predicate offenses, and the gang re the primary activity evidence all pertained to the broader Sureño gang. People v. Vasquez (2022) 74 Cal.App.5th 1021
"211 187 Hard Way Gangster Crips" People v. Jones (2003) 30 Cal.4th 1084
"Sons of Death" People v. Fiu (2008) 165 Cal.App.4th 360
Primary Activity
“…commission of one or more of the statutorily enumerated crimes is one of the group's ‘chief’ or ‘principal’ occupations.” People v. Sengpadychith (2001) 26 Cal.4th 316, 323
• “A” primary activity must be one of dirty 26
Occasional misconduct by members of an organization does not satisfy the primary activities element, e.g. Los Angeles Police Department and environmental activists. People v. Sengpadychith (2001) 26 Cal.4th 316
• 186.22(e)(1)(a)-(z)
PC 245 ‐‐ ADW/Ass. w/ Firearm/GBI likely • PC 211 – Robbery • PC 187 et seq. – Murder/Manslaughter • H&S 11378, 11379, 11351, 11352, 11351.5, 11379.6 – Poss for Sale/Sale/Transport/Mfg CS • PC 246 – Shooting at dwelling/MV. • PC 26100 – Discharging or permitting the discharge of a firearm from aMV • PC 450 et seq. – Arson. • PC 136.1 – Wit Intimidation • PC 487(a) and (c) – GT, GT Person • PC 487(d) – GT Gun/Auto • PC 459 – Burglary. • PC 261 – Rape. • PC 186.10 –Money Laundering. • PC 207 ‐‐ Kidnapping • PC 203 – Mayhem. • PC 205 – Agg. Mayhem. • PC 206 – Torture. • PC 518 & 520 – Extortion. • PC 215 – Carjacking. • PC 27500 – Transfer of firearm. • PC 29610 – Possession of a concealed firearm. • PC 422 – Criminal Threats. • VC 10851 – Theft/driving of a vehicle. • PC 29800 – Felon possess firearm • PC 25400 – Carrying a concealed firearm. • PC 25850
Proof • Expert testimony • Current crimes* • After current offense? • “the group's members consistently and repeatedly have committed criminal activity listed in the gang statute.” People v. Garcia and Austin (2020) 46 Cal.App.5th 123 (citing Sengpadychith) • Past crimes • People v. Vy (2004) 122 Cal.App.4th 1209 cf. People v. Perez (2004) 118 Cal.App.4th 151
Pattern offense / Predicate offense
Members must have engaged in pattern
PC186.22(e) As used in this chapter, “pattern of criminal gang activity” means the commission of, attempted commission of, conspiracy to commit, or solicitation of, sustained juvenile petition for, or conviction of, two or more of the following offenses, provided at least one of these offenses occurred after the effective date of this chapter, and the last of those offenses occurred within three years of the prior offense and within three years of the date the current offense is alleged to have been committed, the offenses were committed on separate occasions or by two or more members, the offenses commonly benefited a criminal street gang, and the common benefit from the offenses is more than reputational: