Can a defendant be convicted of carrying a loaded firearm in public while actively participating in a criminal street gang?

California, United States of America


The following excerpt is from People v. Herrera, F069894 (Cal. App. 2017):

Defendant contends his sentence on count 3 for possession of a loaded firearm in public should be reversed because he acted alone in the commission of the shooting. The Attorney General agrees because defendant acted alone, he could not be convicted of carrying a loaded firearm in public while actively participating in a criminal street gang. ( 25850, subd. (c)(3); People v. Rodriguez (2012) 55 Cal.4th 1125, 1139 [active participation in a criminal street gang under 186.22, subd. (a) punishes the "commission of criminal acts done collectively with gang members"].) Rather than reversing

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