Defendant was charged with a gang enhancement under Penal Code - TopicsExpress

Defendant was charged with a gang enhancement under Penal Code Sec. 186.22(e), which requires proof of a pattern of criminal gang activity consisting of the commission or conviction of certain crimes by members of the gang on two instances within a three-year period. The enhancement could not be established by proof of commission of two predicate crimes within the period, because trial court erroneously instructed the jury that prosecution had to prove convictions of two crimes within that time, and it did not do so.

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