What is the difference between being a gang member in possession of a firearm and being a criminal street gang participant?
California, United States of America
The following excerpt is from People v. Noriega, G043988 (Cal. App. 2012):
We also agree that being a gang member in possession of a firearm includes the lesser crime of being a criminal street gang participant, and that defendant cannot be convicted of both. (People v. Flores (2005) 129 Cal.App.4th 174, 184.)
We reverse defendant's conviction of violating section 186.22, subdivision (a). In all other respects, we affirm.
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