P. v. Gonzales
A jury convicted Michael Contreras Gonzales of possession of methamphetamine for use and several other offenses, including active participation in a criminal street gang under Penal Code section 186.22, subdivision (a) (section 186.22(a))[1] (count 3) and carrying a loaded firearm in a vehicle while an active participant in a criminal street gang under former section 12031, subdivision (a)(1) and (2)(C) (count 5).[2] The jury found true the gang enhancement allegation under section 186.22, subdivision (b)(1) (section 186.22(b)(1)). The trial court vacated the verdict on and dismissed count 3 because it was a lesser included offense of count 5. The court sentenced Gonzales to an eight‑year prison term.
We affirmed the judgment. The Supreme Court granted review of our opinion and deferred further action pending consideration and disposition of a related issue or further order. After issuing its opinion in People v. Rodriguez (2012) 55 Cal.4th 1125 (Rodriguez), the Supreme Court transferred this case to us with directions to vacate our decision and reconsider the cause in light of Rodriguez. Following transfer, the parties submitted supplemental briefs pursuant to California Rules of Court, rule 8.200(b).
We have reconsidered the cause in light of Rodriguez, supra, 55 Cal.4th 1125, and have considered the parties’ supplemental briefs. Based on Rodriguez, we now reverse the conviction on count 5 and remand for resentencing. In all other respects, we affirm the judgment.
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