Sok

—Following a jury trial, John Sok was convicted of two counts of attempted murder with related firearm-use and criminal street gang enhancements, as well as one count of shooting at an occupied motor vehicle and multiple counts of unlawful firearm and ammunition possession. He was sentenced as a second strike offender, based on a prior juvenile adjudication, to an aggregate state prison term of 84 years to life. On appeal Sok does not challenge his convictions but raises a number of objections to the calculation of his sentence. As Sok contends, a number of sentencing errors were made. Several of Sok’s claims have merit. Accordingly, we remand for resentencing.

FACTUAL AND PROCEDURAL BACKGROUND

1. The Charges

The charges against Sok, an admitted member of the Asian Boyz criminal street gang, arose from two separate shootings. On October 26, 2007, after asking Femando Vega where he was from, Sok fired several shots into Vega’s car, wounding a passenger, Jose Rocha, in the hand and leg. Also in the car with Vega and Rocha were Josué Jacobo and Alfredo Lopez, neither of whom was hit by the gunfire. On November 17, 2007 shots were fired at a residence during a party.…