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Establishing a “Pattern of Criminal Gang Activity”–Must the People Show Two or More Gang Members Worked in Concert During Each Predicate Offense

Case Name: People v. Clark (2022) 81 Cal.App.5th 133, review granted 10/19/2022
Case #: S275746/E075532
Last Updated: July 12, 2023

Can the People meet their burden of establishing a “pattern of criminal gang activity” under Penal Code section 186.22 as amended by Assembly Bill No. 333 (Stats. 2021, ch. 699) by presenting evidence of individual gang members committing separate predicate offenses, or must the People provide evidence of two or more gang members working in concert with each other during each predicate offense?

Review on this issue has also been granted with briefing deferred in:

  • People v. Jordan (C092147) [nonpub. opn.], review granted 4/26/2022 (S279197)
  • People v. Hamilton (B319268) [nonpub. opn.], review granted 7/12/2023 (S280094)
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