What is the test for establishing a "pattern of related felony conduct" in a criminal case?

California, United States of America


The following excerpt is from People v. Lucaci, E072740 (Cal. App. 2020):

A pattern of felony conduct requires felony convictions. ( 186.11, subd. (a)(1) [" 'pattern of related felony conduct' means engaging in at least two felonies"].) Felonies are found by a trier of fact. "[N]othing in section 186.11, subdivision (d) suggests that post-verdict, the prosecution may seek restitution for losses caused by crimes not included in the pattern of related felony conduct specifically charged in the section 186.11, subdivision (a) allegation, and found true by the jury." (People v. Lai (2006) 138 Cal.App.4th 1227, 1250.) "The 'costs of restitution' owed to . . . victims necessarily refers to losses caused by the qualifying felonies that constitute the charged statutory 'pattern,' not losses for other felonies neither admitted nor found true." (Ibid.)

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