Godinez

Jose Godinez appeals from judgment entered after a jury found him guilty of attempted murder and conspiracy to commit murder, and found to be true allegations that he personally used a firearm and that the crimes were committed for the benefit of, at the direction of, and in association with, a criminal street gang, under Penal Code section 186.22, subdivision (b)(2).

In the published portion of this opinion, we conclude that a jury need not be unanimous on a particular overt act for purposes of conspiracy. We also hold that a defendant’s sentence cannot be enhanced on the basis of acts committed by others months and years after his crime had been completed. For this reason, a “pattern of criminal gang activity” within the meaning of section 186.22 cannot be established by use of predicate crimes which occur after the crime for which the defendant is being tried. Because the predicate crimes submitted to establish the pattern in this case all occurred after the charged crimes, the criminal street gang enhancement cannot be upheld.

Appellant also challenges the sufficiency of the evidence to support the conviction, claiming that accomplice testimony was uncorroborated,…