Does a sentence for active participation in a criminal street gang run concurrent with the sentence for a murder conviction?

California, United States of America


The following excerpt is from People v. Yin, G046831 (Cal. App. 2013):

The trial court sentenced defendant to a four-year term on his conviction for active participation in a criminal street gang ( 186.22, subd. (a); count two) and ordered that term to run concurrent with his sentence on the murder conviction. He contends the trial court erred in failing to stay the sentence on the gang charge pursuant to section 654. (People v. Mesa, supra, 54 Cal.4th at p. 200.) The Attorney General agrees. We accept the concession and order the abstract of judgment be amended to reflect the sentence on count is stayed pursuant to section 654.

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