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Name: People v. Maldonado
Case #: B176739
Court: CA Court of Appeal
District 2 DCA
Division: 4
Opinion Date: 11/30/2005

For purposes of proving a pattern of criminal gang activity, an assault with a firearm is a predicate offense within the meaning of Penal Code section 186.22(e)(1). The defendant argued that because section 186.22 lists only an assault with a deadly weapon or by means of force likely to cause great bodily injury, as defined in section 245, the convictions of two alleged fellow gang members for violations of section 245, subdivision (a)(2), did not qualify as predicate offenses. The Court of Appeal rejected the argument, noting that a violation of section 245, subdivision (a)(2), is merely an aggravated form of assault with a deadly weapon.