California, United States of America
The following excerpt is from People v. Zamora, A127468 (Cal. App. 2011):
with People v. Herrera (1999) 70 Cal.App.4th 1456 (Herrera), upholding multiple punishment for active gang participation and for the underlying felony. In Herrera, the defendant was charged with a course of criminal conduct involving two gang-related, drive-by shootings in which two people were injured. He was convicted of numerous crimes including two counts of attempted murder and one count of active participation in a criminal street gang. (Id. at pp. 1461, 1467.) Herrera held that for purposes of section 654, the defendant's conviction for gang participation was divisible from his two attempted murder convictions because the gang participation offense required "a separate intent and objective from the underlying felony committed on behalf of the gang." (Herrera, at p. 1468.)
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