A jurys finding of a street gang enhancement was stricken where the evidence at trial failed to establish that the gangs primary activities were the commission of one of the crimes enumerated in Penal Code section 186.22, subdivision (f). The prosecution had presented evidence regarding the alleged gangs history of racial hatred and violent acts towards Asians, including several retaliatory shootings over a period of less than a week and a beating of a child six years previously. The Court of Appeal held that this evidence was not sufficient to show that the groups members consistently and repeatedly committed criminal activity as listed in the statute.
Case Summaries