Jul. 13, 2022 – People v. Clark (4th Dist., Div. 2, E075532)

Disagreeing with People v. Delgado (2022) 74 Cal.App.5th 1067 and People v. Lopez (2021) 73 Cal.App.5th 327, the Court of Appeal holds that, for the purposes of a gang enhancement under PC 186.22 as amended by AB 333, “a pattern of criminal gang activity may be established by (1) two gang members who separately committed crimes on different occasions, or (2) two gang members who committed a crime together on a single occasion.” The court finds that, under this interpretation of “pattern of criminal gang activity,” any error was harmless beyond a reasonable doubt.