In Re Jose P.

Introduction

The juvenile court found that Jose P. (the minor) had committed home invasion robbery, false imprisonment, and first degree burglary. The court found true the allegation that he had committed these crimes for the benefit of, at the direction of, or in association with a criminal street gang. (Pen. Code, § 186.22, subd. (b)(1) (hereafter section 186.22(b)(1)).) The court also found that the minor had committed the substantive offense of active participation in a criminal street gang. (§ 186.22, subd. (a) (hereafter section 186.22(a)).) The court committed the minor to the California Youth Authority. The maximum period of confinement included nine years for the robbery increased by 10 years for the gang enhancement. In addition, the court assessed eight months for the substantive gang crime.

On appeal, the minor contends that there is insufficient evidence to support either the gang enhancement or the gang crime and that section 654 prohibits imposition of punishment for the latter. We shall affirm.

Facts

Evidence of the Robbery

On October 5, 2001, a witness observed two men enter a residence in Salinas carrying a wheeled dolly. A third person, who was…