P.

FACTS

Due to the issues presented on appeal, the facts are stated in a truncated manner. The facts pertaining to the primary activities of defendant’s gang, We Don’t Care (WDC), are set out in the discussion.

All statutory references are to the Penal Code unless otherwise stated.

2Former section 12021, subdivision (a)(1) was repealed and reenacted as section 29800, subdivision (a)(1) without substantive change. (Stats. 2010, ch. 711, § 4.)

2 On January 10, 2010, defendant was an active gang member of the WDC criminal street gang. He and other gang associates and members of an allied criminal street gang, Tiny Rascals Gang (TRG), confronted a number of males about a half an hour after an earlier confrontation wherein at least one of the other males claimed “Surenos.” The gang expert testified most Hispanic gangs in the area of the shooting would be rivals of WDC and TRG. As defendant and his group approached the others, John “Beaver” Saway yelled “TRG,” and started shooting a .45-caliber semiautomatic pistol, killing Juan Carlos Rodriguez, one of the other group. Police recovered six .45-caliber casings and five .40- caliber casings from the scene. Defendant had lunch with…