When will a court order a reduction in the minimum term of an indeterminate sentence for an individual convicted of a gang-related crime?

As noted, the trial court stayed the gang enhancements, which the minimum terms for his indeterminate sentences exceed. Defendant asserts the enhancements are nonetheless material because they could have adverse consequences at a parole hearing. (See People v. Johnson (2003) 109 Cal.App.4th 1230, 1238.) In anticipation of that possibility, we will address his readily dispatched claim.

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The principle that a lone actor cannot commit the substantive offense of gang participation does not apply to the enhancement provision for gang-related activity. (People v. Rios (2013) 222 Cal.App.4th 542, 546, 564.) Instead, defendant argues the evidence is insufficient because it did not establish that he committed the offenses for the benefit of (or in association with) the particular subset of the umbrella gang organization to which he belongs. As we resolve this legal question against defendant (and he does not argue the evidence is otherwise insufficient), we do not need to summarize the facts introduced on the issue.