What is the test for using section 12025 (b)(3) of the California Criminal Code to define a person as a member of a street gang?
California, United States of America
The following excerpt is from People v. Madrid, A130403 (Cal. App. 2011):
12025, subdivision (b)(3) to mean that a person commits the crime identified in that section only when all the requirements of section 186.22, subdivision (a) are satisfied. (People v. Lamas (2007) 42 Cal.4th 516, 524-525.) We therefore turn to the latter statute. Section 186.22, subdivision (a) states: "Any person who actively participates in any criminal street gang with knowledge that its members engage in or have engaged in a pattern of criminal gang activity, and who willfully promotes, furthers, or assists in any felonious criminal conduct by members of that gang, shall be punished . . . ."
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