California Penal Code Section 186.22 Interpretation

In People v. Gardeley (1996) 14 Cal.4th 605, the California Supreme Court held that the pattern requirement of section 186.22 could be met by evidence of the charged offense along with evidence of one other offense committed on a prior occasion by a fellow gang member. (Id. at p. 625.) The court in Gardeley also held the predicate offenses need not be committed for the benefit of, at the direction of, or in association with the gang. (Id. at p. 621.) The next year, in People v. Loeun (1997) 17 Cal.4th 1, the California Supreme Court held that the pattern element of section 186.22 could be satisfied "by evidence of the offense with which the defendant is charged and proof of another offense committed on the same occasion by a fellow gang member." (Id. at pp. 4-5, italics added.) Unlawful homicide is one of the offenses listed in the instruction to the jury as part of the "'pattern of criminal gang activity.'" the homicide, therefore, constitutes one of the necessary offenses to establish a pattern of criminal gang activity. (People v. Zermeno (1999) 21 Cal.4th 927, 932.)