Can a defendant be convicted of two counts of murder and a substantive gang crime based upon the very same act of aiding and abetting?

As instructed in the present matter, the gang offense required defendant to have aided and abetted gang members in committing a felony. Defendant was found guilty of two counts of murder and one count of attempted murder, as well as the gang offense, based upon the very same act of aiding and abetting. He may be punished for each of the violent crimes (the murders and the attempted murder) based upon the same act because section 654 does not apply to violent crimes involving separate victims. (People v. Deloza (1998) 18 Cal.4th 585, 592.) He cannot, however, also be punished for the gang offense based upon the same act. The murders, the attempted murder, and the substantive gang count were all committed by defendant by the same act and with the same intent. The sentence imposed on count four must be stayed pursuant to section 654.

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