California, United States of America
The following excerpt is from People v. S.A. (In re S.A.), E056534 (Cal. App. 2013):
In setting the minor's maximum confinement time, the court calculated five years, the upper term, for the robbery, four years for the gang enhancement, and three years for the substantive crime of active participation in a street gang, in order to reach the term of 12 years.4 Penal Code section 654 does not permit separate punishment for the substantive crime of active participation in a criminal street gang where the only evidence of such participation is the current charged offense. (People v. Mesa (2012) 54 Cal.4th 191, 197-198.)
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