What is the test for establishing a predicate offence?
California, United States of America
The following excerpt is from People v. Hernandez, H035408 (Cal. App. 2011):
"We hold that a predicate offense may be established by evidence of an offense the defendant committed on a separate occasion. Further, that the prosecution may have the ability to develop evidence of predicate offenses committed by other gang members does not require exclusion of evidence of a defendant's own separate offense to show a pattern of criminal gang activity." (People v. Tran, supra, 51 Cal.4th at p. 1044.)
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