Does a defendant have to prove he was a member of a criminal gang prior to the charged crime under section 186.22, subdivision (e) of the California Criminal Code?
California, United States of America
The following excerpt is from People v. Perez, F073736 (Cal. App. 2019):
Here, defendant does not argue the evidence was insufficient to establish he previously committed burglary, a qualifying offense under section 186.22, subdivision (e), and he concedes that his gang membership "was not disputed." Because the burglary was committed by defendant on a separate occasion than the charged crime, it, too, qualifies as a predicate offense. (See People v. Tran, supra, 51 Cal.4th at p. 1048.)
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