CALIFORNIA CRIMINAL DEFENSE: CRIMINAL STREET GANGS AND THEIR PRIMARY ACTIVITY
As absurd as the criminal street gang enhancement (California Penal Code sec. 186.22(b)) is,
even more absurd is the nonsense testified to by the so-called gang expert, always a police officer.
Here, all the officer said was that the gang was involved in various criminal activities. As the concurring and dissenting opinion correctly points out, the officer never even claimed that the "primary" activity of the gang was commission of crimes.
The majority simply lists all the terrible stuff the gang does, and snarkily notes that there's no evidence that the gang provided after-school tutoring or helped clean up trash. Right, but there's still NO evidence that the PRIMARY activity was commission of crimes.
People v. Cortes; 2009 DJ DAR 8716; DJ, 6/17/09; C/A 2nd, Div. 5
