Florez

Frank Albert Florez was charged with the murder of Melissa Torre and the felony offense of discharging a firearm at an inhabited dwelling in violation of Penal Code section 246, committed for the benefit of a criminal street gang under section 186.22, subdivision (b)(4) (hereafter section 186.22(b)(4)). He was also charged with possessing a firearm as an ex-felon, in violation of section 12021, subdivision (a)(1) (hereafter section 12021 (a)(1)), with a criminal street gang enhancement under section 186.22, subdivision (b), paragraph (1), subparagraph (A) (hereafter section 186.22(b)(1)(A)). After a jury trial, Florez was convicted of discharging a firearm at an inhabited dwelling, committed for the benefit of a criminal street gang, and possessing a firearm as an ex-felon. The jury also found true the gang enhancement allegation relating to the latter offense. The jury did not reach a verdict on the murder count, and the court dismissed that count on the prosecutor’s motion.

In the published portion of the opinion, we conclude that Florez’s conviction for the felony offense of discharging a firearm at an inhabited dwelling in violation of section 246, committed for the…