Can a criminal gang member who is currently charged with an assault under the California Penal Code, and who is not charged under the current legislation, establish a pattern of criminal gang activity?

California, United States of America

The following excerpt is from People v. Muhamed, 41 Cal.App.4th 270, 48 Cal.Rptr.2d 687 (Cal. App. 1995):

In People v. Olguin (1994) 31 Cal.App.4th 1355, 1383-1384, 37 Cal.Rptr.2d 596, we determined the currently charged offense can be considered as one of the offenses establishing a pattern of criminal gang activity under the enhancement provision contained in Penal Code section 186.22. ¹ We now decide whether the requisite pattern may be proven by relying exclusively on the currently charged offenses. For reasons we now explain, we conclude the answer is yes.

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