P. v. Vargas CA5
Following a trial by jury, defendant Joel Vargas was convicted of assault with a semiautomatic firearm (Pen. Code, § 245, subd. (b)) (count 1), possession of a firearm by a felon (§ 29800, subd. (a)(1)) (count 2), carrying a loaded firearm in public as an active participant in a criminal street gang (§ 25850, subd. (c)(3)) (count 3), and active participation in a criminal street gang (§ 186.22, subd. (a)) (count 4). The jury also found true the gang enhancement allegation attached to count 1 (§ 186.22, subd. (b)(1)); that defendant used a firearm within the meaning of section 667, subdivision (e)(2)(C)(iii), as to count 2; and the enhancement allegations for personal use of a firearm attached to counts 1 and 4 (§ 12022.5, subd. (a)).
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