P. v. Gonzalez
A jury convicted Jonathan Gonzalez of one count of active participation in a criminal street gang (Pen. Code, § 186.22, subd. (a); all further statutory references are to this code; count 5), and four counts of assault with a semiautomatic firearm (§ 245, subd. (b); counts 6, 7, 8, 9). The jury also found Gonzalez inflicted great bodily injury in the commission of count 6 (§ 12022.7 subd. (a)), personally used a firearm in the commission of counts 6, 7, 8, and 9 (§ 12022.5, subd. (a)), and committed all of these offenses for the benefit of, at the direction of, or in association with a criminal street gang (§ 186.22, subd. (b)(1)). The jury found Gonzalez not guilty of four counts of willful, deliberate and premeditated attempted murder (§§ 664, subd. (a), 187 subd. (a); counts 1, 2, 3, 4).
The court sentenced Gonzalez to a total prison term of 22 years consisting of the upper term of nine years on count 6, plus a consecutive 10 years for the section 186.22, subdivision (b)(1) gang enhancement and a consecutive three years for the section 12022.7, subdivision (a) great bodily injury enhancement. The court also imposed concurrent terms on counts 7, 8, and 9, imposed a three-year term for count 5 and stayed it pursuant to section 654, and struck the firearm use enhancements as to counts 6, 7, 8, and 9 for sentencing purposes pursuant to section 1170.1, subdivision (f).
Gonzalez challenges the sufficiency of the evidence to support the active participation conviction in count 5, and the gang enhancement findings as to counts 6, 7, 8, and 9. We reverse as to count 5 only and affirm the judgment in all other respects.
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