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Name: People v. Perez
Case #: B165450
Court: CA Court of Appeal
District 2 DCA
Division: 2
Opinion Date: 04/29/2004
Subsequent History: Rev. den. 7/28/04
Summary

A jury’s finding of a street gang enhancement was stricken where the evidence at trial failed to establish that the gang’s 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 gang’s 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 group’s members consistently and repeatedly committed criminal activity as listed in the statute.